Tuesday, August 14, 2018
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Entries for 'Robert Thomas'

Thursday, August 09, 2018
Telescope: Cultural Property Ownership Gets You Only One Proceeding
By Robert Thomas @ 5:14 AM :: 410 Views :: Hawaii County , Higher Education, Judiciary

...The court held that Mr. Flores -- a native Hawaiian who claims a cultural interest in the mountaintop -- owned "property," but that he had the opportunity to protect that interest in a a parallel administrative proceeding, and didn't need another one....

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Friday, July 27, 2018
Act 56: When An Agency Is Given Emergency Powers, Pretty Soon Everything Looks Like An "Emergency"
By Robert Thomas @ 12:13 PM :: 595 Views :: Ethics, First Amendment, Labor

...The Hawaii Supreme Court has not exactly been overly receptive to executive and legislative efforts to react nimbly to court rulings....

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Friday, July 27, 2018
Bridge Aina Lea--Next Stop 9th Circuit
By Robert Thomas @ 12:05 PM :: 522 Views :: Hawaii County , Development, Land Use

...the jury (after deliberating for a grand total of 15 minutes) held the State of Hawaii Land Use Commission liable for a regulatory taking....

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Tuesday, July 17, 2018
Federal Appeals Court: No Property Right In A Clean And Pure Environment
By Robert Thomas @ 1:19 PM :: 664 Views :: Environment, Land Use

...Remember that case from earlier this year where the Hawaii Supreme Court held that for purposes of Hawaii's Due Process Clause, the Sierra Club has a property right in a "clean and healthful environment?"....

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Tuesday, July 10, 2018
Honolulu's Sidewalk Obstruction Prohibition Goes Island-Wide
By Robert Thomas @ 1:17 AM :: 692 Views :: Homelessness

...city lawyers have taken great pains to craft the bills with language that works around areas that federal courts have found unacceptable....

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Wednesday, July 04, 2018
The Verified Complaint In Equity: The Declaration Of Independence
By Robert Thomas @ 12:01 AM :: 8716 Views :: National News, Hawaii History

...the structure and style of the Declaration follows a form familiar to most modern lawyers: a complaint initiating a lawsuit....

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Wednesday, May 23, 2018
After a Few Months of Typing, HGEA Member Scores Lifetime 'Disability' Pension
By Robert Thomas @ 1:23 PM :: 1984 Views :: Hawaii State Government, Health Care, Labor

...with 10 years of back payments thanks to a 3-2 decision of the Hawaii Supreme Court....

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Monday, May 14, 2018
Little Pink House Coming to Honolulu
By Robert Thomas @ 12:44 AM :: 1099 Views :: Land Use

...June 11, 2018, 6:30pm....

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Friday, March 30, 2018
Hawaii's Good Friday Holiday - What's Up With That?
By Robert Thomas @ 12:01 AM :: 13396 Views :: Labor, Religion

If you ask how "a religious holiday observed primarily by Christians commemorating the crucifixion of Jesus Christ and his death at Calvary" squares with the Establishment Clause of the First Amendment, let us explain ....

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Wednesday, March 28, 2018
Bridge Aina Lea: Jury Rejects LUC Taking After 15 Mins Deliberation
By Robert Thomas @ 7:26 PM :: 2068 Views :: Hawaii County , Development, Land Use

...We're guessing both the State and the property owner will likely be taking this case up the chain to the Ninth Circuit.... 

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Wednesday, March 28, 2018
Hawaii Housing Authority v. Midkiff: 34 Years Later
By Robert Thomas @ 7:14 PM :: 1409 Views :: Hawaii History, Land Use

...the 34th anniversary of the SCOTUS oral arguments in Hawaii Housing Authority v. Midkiff....

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Monday, March 26, 2018
Department Of Precrime: HAWSCT Considers Cultural "Property" on Mauna Kea
By Robert Thomas @ 5:23 PM :: 1934 Views :: Greenmail, Higher Education, OHA

... the Hawaii Supreme Court is being asked to resolve two fundamental questions in the latest case involving the Thirty Meter Telescope ....

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Thursday, March 15, 2018
Lawsuit: UPW Prison Guards 'Take Down' Pregnant Prisoner
By Robert Thomas @ 2:54 PM :: 1400 Views :: Law Enforcement, Life

...The State appealed to the Intermediate Court of Appeals, arguing that Hawaii's wrongful death statute limits recovery for "the death of a person," and that the fetus did not qualify....

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Saturday, February 24, 2018
Vacation Rental Home Is "Public Accommodation" -- Lesbians are Mandatory
By Robert Thomas @ 3:15 AM :: 2218 Views :: First Amendment, Small Business, Tourism

...the court held they could be held liable, even though it is their home, first concluding that renting out a room in your home qualifies as offering a public accommodation, even though it is your residence....

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Wednesday, February 14, 2018
DHHL Funding: A morass in which the courts should not get entangled
By Robert Thomas @ 9:08 PM :: 1125 Views :: DHHL

...This is Chapter 2 of the story....

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Wednesday, February 14, 2018
Bills: Skip ICA, Direct Appeals to Supreme Court
By Robert Thomas @ 8:55 PM :: 1050 Views :: Judiciary

...The bills, HB 2191 and HB 2194, would return the state court appeals system to the way it was prior to the 2006 amendments....

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Friday, January 19, 2018
Chin's Crackpot Theory: Eminent Domain Abuse, Hawaii Style
By Robert Thomas @ 7:03 PM :: 1884 Views :: Maui County, Land Use

...“No court in the United States has accepted that argument, and no condemning authority has had the chutzpah to make that argument."....

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Friday, January 05, 2018
"Why Isn’t Honolulu Helping Businesses Hurt By Rail Construction?" (Because It Doesn't Want To, And No One Is Making It)
By Robert Thomas @ 3:07 PM :: 1991 Views :: Land Use, Rail

...the City doesn't really care all that much about these particular businesses or their owners....

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Saturday, December 30, 2017
Hawaii Supreme Court Rules Public has Property Right to a Clean Environment
By Robert Thomas @ 7:23 PM :: 3003 Views :: Energy, Environment, Land Use

...Does the Supreme Court now have three votes to kill the telescope?....

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Saturday, December 30, 2017
Video: "The Future Of Land Regulations And A Tribute To David Callies"
By Robert Thomas @ 7:01 PM :: 1524 Views :: Higher Education, Land Use

...the William and Mary Law School awards U. Hawaii lawprof David Callies the Brigham-Kanner Prize....

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Friday, November 24, 2017
Project Announcement: Honolulu Rail May Be Coming To A Neighborhood Near You
By Robert Thomas @ 4:26 PM :: 1514 Views :: Rail

...project announcement is the effective taking date triggering property owners' right to compensation and damages....

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Friday, November 10, 2017
Queen Sues: Feds Took Our Crown Lands
By Robert Thomas @ 11:38 PM :: 2805 Views :: Hawaii History

...after she was deposed, and after Hawaii became a U.S. territory, the former queen sued the United States in what was then the U.S. Claims Court....

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Friday, June 30, 2017
UH Law School Looks at Sharing Economy
By Robert Thomas @ 2:00 AM :: 1329 Views :: Small Business

..."Property" And Investment-Backed Expectations In Ridesharing Regulatory Takings Claims....

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Wednesday, June 28, 2017
Not Satisfied With Merely Taking Land For Rail, Now The City Wants Blood
By Robert Thomas @ 4:36 AM :: 1886 Views :: Land Use, Rail

...Blood bank sues over city push to take land for rail.... 

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Thursday, May 18, 2017
Retaliation: Supreme Court Upholds Hanalei Land Seizure
By Robert Thomas @ 1:57 AM :: 2333 Views :: Kauai County, Land Use

The case involves three parcels on Kauai -- one of which is owned by a fellow who has been a thorn in the County's side....

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Tuesday, May 16, 2017
Ikaika Anderson Land Use Facepalm
By Robert Thomas @ 2:24 PM :: 1956 Views :: Honolulu County, Land Use
“The lawyers start rubbing their hands a little bit because the comments are giving them ammunition.”
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Friday, March 31, 2017
Rickrolling Rail
By Robert Thomas @ 5:01 PM :: 1607 Views :: Rail

...city officials feel they have been given the green light to get the project finished, whatever the eventual cost might be....

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Thursday, March 23, 2017
Do Muslims Have a Property Interest in US Visas?
By Robert Thomas @ 2:26 AM :: 1865 Views :: National News

...looking for the "real" motive behind a government action seems an awful lot alike to us? Our old friend, pretext in eminent domain....

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Saturday, March 04, 2017
State Supreme Court says election board erred in not hearing challenge
By Robert Thomas @ 7:51 PM :: 1615 Views :: Office of Elections
In Hyland v. Gonzales, No. SCWC-15-0000053 (Mar. 2, 2017), the unanimous court held that the appellant timely "brought" his appeal to the Hawaii County Board of Registration....
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Wednesday, February 15, 2017
Hawaii Supreme Court Oral Arguments: When Is Election Law Admin Appeal "Brought?"
By Robert Thomas @ 9:42 PM :: 1766 Views :: Office of Elections

...when it is mailed by the appellant, or when received by the Board of Registration Appeals....

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Thursday, February 09, 2017
UH Law Review Sharing Economy Symposium
By Robert Thomas @ 3:34 AM :: 2205 Views :: Small Business

...the University of Hawaii Law Review is devoting one of its issues to a symposium on issues related to the sharing economy....

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Tuesday, January 17, 2017
Help Wanted: Deputy Solicitor General State of Hawaii
By Robert Thomas @ 10:48 AM :: 2294 Views :: Judiciary

The State of Hawaii Attorney General is looking for a Deputy Solicitor General....

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Friday, January 13, 2017
Hawaii Supreme Court: Do County Plans Override Zoning Laws?
By Robert Thomas @ 1:55 PM :: 2589 Views :: Maui County, Land Use

... the parcel is zoned "Hotel" but is designated on the Community Plan as "park" ....

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Friday, January 13, 2017
Did Activists Meet Deadline to Challenge Council Candidate?
By Robert Thomas @ 1:46 PM :: 2868 Views :: Hawaii County , Ethics, Office of Elections

...Writ to Watch: Hyland v. Gonzales....

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Saturday, December 31, 2016
CNMI Government Takes House Lot from Owner, Refuses to Pay
By Robert Thomas @ 7:32 PM :: 2329 Views :: Land Use

...the court also issued a writ of execution, ordering the local branches of the banks in which the CNMI government kept its cash to deliver "all monies and proceeds" to the property owner's lawyer....

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Tuesday, December 27, 2016
9th Circuit Court Rejects Race-Based Voting in Northern Marianas Islands
By Robert Thomas @ 11:23 PM :: 2226 Views :: Akaka Bill

...limiting voting on certain constitutional amendments to a "person who is a citizen or national of the United States and who is of at least one-quarter Northern Marianas Chamorro or Northern Marianas Carolinian blood...."

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Tuesday, December 27, 2016
Beachfront Property: Hawaii Supreme Court Considers Wipeout Regulatory Taking
By Robert Thomas @ 11:19 PM :: 2359 Views :: Land Use

...a case to watch being argued next week in the Hawaii Supreme Court....

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Tuesday, December 06, 2016
HBA Land Use Conference to Focus on Telescope, TOD, and GMOs
By Robert Thomas @ 9:18 PM :: 1637 Views :: Land Use
"Takings: Regulatory and Physical"
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Saturday, November 19, 2016
Supreme Court: Challenge to Hawaii Council Candidate’s Eligibility Must be Heard
By Robert Thomas @ 3:27 PM :: 1989 Views :: Office of Elections

...Oral arguments in the case are set for January 19, 2017....

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Sunday, October 30, 2016
Judge Posner: Cab Companies Were Chumps To Rely On Govt Monopoly to Protect Them From Competition
By Robert Thomas @ 3:37 AM :: 2021 Views :: Small Business

...holdovers from the legacy economy -- the owners of city-issued taxi medallions and permits -- did not have their property taken when the city allowed ridesharing services to operate....

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Thursday, October 06, 2016
Supreme Court Hearing Hanalei Boatyard Case Today
By Robert Thomas @ 3:48 PM :: 2577 Views :: Kauai County, Land Use

Thursday, October 6, 2016, at 10:00 a.m. at Aliiolani Hale....

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Thursday, September 15, 2016
Hawaii County Lawsuit: Can Lawyer Engineer Her Way into Office?
By Robert Thomas @ 6:08 PM :: 2374 Views :: Hawaii County

The mayor and county council hired a lawyer who did not have an engineering degree -- only a bachelors with a major in English and a minor in Hawaiian studies, plus a JD....

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Friday, September 02, 2016
Visitors At The Volcano: Is The NPS Nuts?
By Robert Thomas @ 1:57 PM :: 2574 Views :: Environment, Tourism

... the "compensation culture" ....

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Thursday, August 25, 2016
Supreme Court to hear Hanalei Boatyard Case
By Robert Thomas @ 12:29 AM :: 2945 Views :: Kauai County, Land Use, Small Business

...the County of Kauai is condemning several Hanalei-area parcels to expand an adjacent public beach park....

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Tuesday, August 16, 2016
Closed Primary? 9th Circuit Rebuffs Hawaii Democrats (For Now)
By Robert Thomas @ 5:09 AM :: 2904 Views :: Democratic Party, Office of Elections
Stay tuned folks, this one isn't likely over....
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Tuesday, August 09, 2016
TVR in a Ag Condo: Must Your Neighbors Approve?
By Robert Thomas @ 8:12 PM :: 1717 Views :: Tourism

HAWICA Rejects Planning Department's Formalistic Definition Of "Applicant" In Vacation Rental Case....

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Wednesday, July 27, 2016
Hawaii Supreme Court: Hanalei Boatyard Connected to Area 51?
By Robert Thomas @ 4:20 PM :: 2515 Views :: Kauai County, Land Use

The case involves three parcels on Kauai -- one of which is owned by a fellow who has been a thorn in the County's side....

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Friday, July 22, 2016
Hawaii Reapportionment Case: Only Mark Takai Put his Name on the Line
By Robert Thomas @ 11:11 PM :: 2787 Views :: Military, Politicians

...one of the rare people in public life who actually showed political courage to do the right thing when literally not one of his colleagues had the guts to join him....

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Wednesday, July 20, 2016
Supreme Court: Mixed Decision on Office Of Election Ballot Practices
By Robert Thomas @ 7:35 AM :: 1751 Views :: Office of Elections

...the agency should have adopted rules and because it had not, the specific practices were invalid....

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Friday, July 15, 2016
Three Candidates For Mayor, Three Positions On Honolulu Rail
By Robert Thomas @ 4:49 AM :: 2004 Views :: Honolulu County, Politicians, Rail
Continue past Middle Street to Ala Moana only if the total cost does not exceed $7,000,000,000.
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