Cert Briefs In Admin Due Process Case

Here are the cert briefs in Kellberg v. Yuen, No. SCWC-12-0000266 (Haw. Jan. 22, 2014), the case in which the Hawaii Supreme Court held that there is only one "final decision" that a challenger must administratively appeal when objecting, and that due process requires the agency to give a challenger notice of the administrative process. 

We represent the prevailing Petitioner in the case, and promised to post the cert briefs, which, along with the briefs filed in the Intermediate Court of Appeals, are all of the appellate briefs filed in the case (the court did not request additional briefing after accepting cert). So here they are:

• Application for a Writ of Certiorari
• County of Hawaii's Brief in Opposition
• Petitioner's Reply Brief

We're still at the ALI-CLE Eminent Domain conference, so have not had a chance to write up our thoughts on the opinion, so until we do, here's our colleague Rebecca Copeland's summary on her Record on Appeal blog.

Application for a Writ of Certiorari, Kellberg v. Yuen, No. SCWC-12-0000266 (Sep. 17, 2013)

RESPONDENTS/DEFENDANTS-APPELLEES CHRISTOPHER J. YUEN in his capacity as Planning Director, County of Hawai‘i and COUNTY OF HAWAI‘I’S OPPOSITION TO APPLICATION FOR A WRIT OF CERTIORARI FILED SEPTEMBER 17, 2013, Kellberg v. Yuen, No. SCWC-12-0000266 (Oct. 2, 2013)

Petitioner's Reply Brief, Kellberg v. Yuen, No. SCWC-12-0000266 (Oct. 9, 2013)