Wednesday, March 21, 2018
Hawai'i Free Press

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Entries for 'Robert Thomas'

Thursday, March 15, 2018
Lawsuit: UPW Prison Guards 'Take Down' Pregnant Prisoner
By Robert Thomas @ 2:54 PM :: 488 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 :: 1149 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 :: 694 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 :: 594 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 :: 1177 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 :: 1338 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 :: 1912 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 :: 862 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 :: 1048 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 :: 2302 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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Tuesday, July 04, 2017
The Verified Complaint In Equity: The Declaration Of Independence
By Robert Thomas @ 12:01 AM :: 7676 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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Friday, June 30, 2017
UH Law School Looks at Sharing Economy
By Robert Thomas @ 2:00 AM :: 1094 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 :: 1400 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 :: 1628 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 :: 1485 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, April 14, 2017
Hawaii's Good Friday Holiday - What's Up With That?
By Robert Thomas @ 12:01 AM :: 10686 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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Friday, March 31, 2017
Rickrolling Rail
By Robert Thomas @ 5:01 PM :: 1307 Views :: Rail 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 :: 1556 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 :: 1187 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 :: 1305 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 :: 1913 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 :: 1847 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 :: 1912 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 :: 2123 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 :: 1812 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 :: 1816 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 :: 1973 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 :: 1294 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 :: 1519 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 :: 1630 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 :: 1983 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 :: 2028 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 :: 2262 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 :: 2436 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 :: 2306 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 :: 1474 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 :: 2113 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 :: 2481 Views :: Military, Politicians 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 :: 1336 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 :: 1672 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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Monday, July 11, 2016
AG Seeks Deputy Solicitors General
By Robert Thomas @ 7:43 PM :: 1626 Views :: Hawaii State Government, Judiciary
Come on, live the dream!
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Friday, July 01, 2016
Hawaii Supreme Court Clarifies Appeals Clock
By Robert Thomas @ 4:47 PM :: 1738 Views :: Higher Education, Judiciary

...the Hawaii Supreme Court clarified a point of appellate procedure that has been unnecessarily vague -- and therefore dangerous -- for a while....

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Tuesday, June 28, 2016
Hawaii Federalist Society: Supreme Court Term in Review
By Robert Thomas @ 12:58 AM :: 1415 Views :: Judiciary

Tuesday, June 28, 2016 11:30am

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Friday, June 24, 2016
Rail: Building To The Nowhere Of Middle?
By Robert Thomas @ 10:29 PM :: 1553 Views :: Rail

...omit the most densely populated, and therefore the most useful, portion of the route....

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Saturday, June 18, 2016
Rail: Caldwell’s Flip-Flop Opens Door to Lawsuits by Property Owners Targeted by HART
By Robert Thomas @ 6:55 PM :: 2102 Views :: Land Use, Rail

...if a taking is abandoned or dismissed prior to final judgment, the condemnor is on the hook for "damages."....

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Saturday, June 18, 2016
Fake Indian Tribe: OHA Legal Shell Game Copied from Southern Segregationists
By Robert Thomas @ 6:45 PM :: 2049 Views :: Akaka Bill, OHA

...his argument allowed careful listeners to see the analogy to Jim Crow southern governments....

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Thursday, June 16, 2016
VIDEO: Ninth Circuit Oral Arguments In Hawaii Anti-GMO Cases
By Robert Thomas @ 9:47 PM :: 1352 Views :: GMOs

Official full-length Ninth Circuit video recording of the hearings....

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Monday, June 06, 2016
Unanimous SCOTUS: You Can Judicially Challenge A Clean Water Act Jurisdictional Determination
By Robert Thomas @ 3:27 PM :: 1474 Views :: Environment, Agriculture

"...the consequences to landowners even for inadvertent violation can be crushing...."

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Saturday, June 04, 2016
Telescope: Nobody can remove all fears of reversal
By Robert Thomas @ 7:39 PM :: 2731 Views :: Hawaii County , Greenmail, Higher Education, OHA

...the late request by the University to remove Judge Amano ... out of a fear that retaining her might be overturned on appeal, invites the Board to subvert its own independent judgment....

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Wednesday, May 25, 2016
Election Office Admits ‘Mistakes Were Made’
By Robert Thomas @ 4:47 AM :: 1515 Views :: Office of Elections

After A Judicial Feeding Frenzy, The Hawaii Supreme Court Searches For Rules To Fix The Office Of Elections....

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