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Monday, November 30, 2020
Bridge Aina Lea: US Supreme Court Demands Response from State
By Robert Thomas @ 4:43 AM :: 321 Views :: Hawaii County , Development

... the State hired a DC SCOTUS player to argue that this case isn't worth the Court's time ....

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Friday, September 4, 2020
How Can? U.S. DHS: National Eviction Moratorium
By Robert Thomas @ 3:46 AM :: 796 Views :: Law Enforcement, Small Business, COVID-19

...state and local governments may be breathing a sigh of relief: thanks to this order, the feds have just stepped up to be the defendant in takings lawsuits and to be on the financial hook for any judgments for eviction moratoria (at least in those jurisdictions that have not adopted more protective restrictions)....

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Thursday, August 27, 2020
Bridge Aina Lea: US Supreme Court Urged to Hear Case
By Robert Thomas @ 3:14 AM :: 834 Views :: Hawaii County , Land Use

 ...'This case is the proverbial 'Exhibit A' of much that is wrong with takings law.'....

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Sunday, July 19, 2020
Bridge Aina Lea Heading to US Supreme Court?
By Robert Thomas @ 12:13 AM :: 1111 Views :: Hawaii County , Land Use

...Cert Petition: "This case is the proverbial 'Exhibit A' of much that is wrong [with takings law]...."

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Monday, July 6, 2020
Unpacking Court Order Denying TRO to Block COVID Emergency Rules
By Robert Thomas @ 7:27 PM :: 965 Views :: COVID-19

...When the opinion starts this way, you know which way it is headed....

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Saturday, July 4, 2020
The Verified Complaint In Equity: The Declaration Of Independence
By Robert Thomas @ 12:01 AM :: 13556 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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Tuesday, June 30, 2020
Hawaii AG: For The Hearing At Which I Will Argue That Indoor In-Person Gatherings Are Dangerous, Let's Gather Indoors In-Person!
By Robert Thomas @ 5:15 PM :: 1111 Views :: Judiciary, Tourism, COVID-19

...the court scheduled a hearing for Thursday, July 2, 2020....

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Friday, June 26, 2020
COVID Suits: One Case Dismissed, Judge Blocks Feds from Other
By Robert Thomas @ 4:39 AM :: 974 Views :: Tourism, COVID-19

...The court also ordered plaintiffs to respond to the Governor's virus pre-check program....

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Thursday, June 25, 2020
The Separation of Powers Limitation on Hawaii’s Emergency Authority
By Robert Thomas @ 10:53 PM :: 1056 Views :: Hawaii State Government, Health Care, COVID-19

...a hard look at the most important limitation on government power in an emergency, the statutory requirement that any emergency proclamation automatically terminates no later than sixty days after it is issued....

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Thursday, June 25, 2020
Will Hawaii COVID Lawsuits be Consolidated?
By Robert Thomas @ 3:54 AM :: 778 Views :: Law Enforcement, COVID-19

...Ige yesterday asked the court to consolidate the two cases....

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Wednesday, June 24, 2020
Constitutional Law and States of Emergency: Lessons from the COVID-19 Pandemic
By Robert Thomas @ 11:59 PM :: 1218 Views :: COVID-19

...This is a one-hour program, open to the public....

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Tuesday, June 16, 2020
Another Hawaii Lawsuit: Coronavirus Orders Violate Right To Travel, Equal Protection, Due Process
By Robert Thomas @ 6:04 PM :: 1960 Views :: Small Business, COVID-19

...the second complaint filed in the U.S. District Court for the District of Hawaii challenging the governor's coronavirus shut down orders....

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Thursday, June 11, 2020
Hawaii COVID Lawsuit: Emergency Rules Unconstitutional Beyond 60 Days
By Robert Thomas @ 4:54 AM :: 3631 Views :: COVID-19

..."From day 61 on, the governor is both making laws and enforcing them, in violation of the separation of powers provisions under Hawaii’s state constitution.”....

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Wednesday, May 13, 2020
Petitioner Needs Counsel For Supreme Court Oral Arguments In Due Process Case
By Robert Thomas @ 9:59 AM :: 1065 Views :: Family, Judiciary

...Should the parties be accepted to the Appellate Pro Bono Program, plaintiff may renew his motion for retention of oral argument....

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Monday, May 4, 2020
Supreme Livestream: Maui Water Rights Case
By Robert Thomas @ 10:09 PM :: 1178 Views :: Maui County, Greenmail, Judiciary, OHA

...Hawaii Supreme Court Livestream Oral Argument In Water Rights, Admin Law Case (Tuesday, May 5, 2020, 10am HT)....

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Monday, April 27, 2020
Lahaina Injection Wells: Ad hoc rules and non-exhaustive lists of "factors"
By Robert Thomas @ 3:57 AM :: 1187 Views :: Maui County, Environment

...the usual result is going to be that you run a big risk if you don't get a permit....

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Friday, April 10, 2020
Hawaii's Good Friday Holiday - What's Up With That?
By Robert Thomas @ 3:05 AM :: 22427 Views :: Hawaii History, 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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Thursday, April 9, 2020
Safety Dance: Are There Limits To Lockdowns?
By Robert Thomas @ 2:42 AM :: 1190 Views :: First Amendment, Small Business, COVID-19

...Join us next Tuesday, April 14, 2020, at 12 noon Hawaii Time for a free webinar sponsored by the Grassroot Institute of Hawaii, "Safety vs. Freedom: Are There Limits to Lockdowns?"....

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Friday, April 3, 2020
Bridge Aina Lea: What Constitutes Loss?
By Robert Thomas @ 12:07 AM :: 913 Views :: Hawaii County , Land Use

...The opinion also adds to the growing confusion about whether the regulatory takings doctrine deals with use or value....  

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Monday, March 30, 2020
Time For A "Coronavirus Disputes Court?"
By Robert Thomas @ 3:46 AM :: 1036 Views :: Judiciary, COVID-19

...given the magnitude of the potential claims arising out the present situation, one way to bring the takings, commandeering, landlord-tenant, insurance, and other closely-related issues to a quick(er) resolution....

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Thursday, March 26, 2020
The Royal Origins Of "Police Power" Hawaii-Style: The King v. Tong Lee (1880)
By Robert Thomas @ 10:50 AM :: 1360 Views :: Hawaii History, Land Use, Small Business

...the first Hawaii case which uses the term "police power"....

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Thursday, March 19, 2020
​Emergencies, Police Power, Commandeering, And Compensation: Essential Readings
By Robert Thomas @ 5:00 AM :: 1023 Views :: Law Enforcement, COVID-19

...government power in times of crisis and the tension between that power and property and other individual rights....

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Wednesday, March 11, 2020
Debunked Litigation Strategy: Honolulu Latest to Sue Big Oil for Global Warming
By Robert Thomas @ 3:50 AM :: 821 Views

...the fun part is in the claims for relief....

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Thursday, February 20, 2020
Bridge Aina Lea: 9th Circuit Takes Developer's Last Dollar
By Robert Thomas @ 2:44 AM :: 1936 Views :: Hawaii County , Development, Land Use

...the District Court had awarded nominal compensation ($1), after the jury concluded that the State of Hawaii took Aina Lea's property....

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Wednesday, December 18, 2019
Land Use: Hawaii Supreme Court Creates New Procedural Hoop to Jump Through
By Robert Thomas @ 12:04 PM :: 1669 Views :: Development, Land Use

...HAWSCT: When Agency Includes Conditions In Phase 1 Land Use Permit, But Later Removes The Conditions In Phase 2 Permit, Party Who Asked For Conditions Is Entitled To Notification....

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Friday, December 13, 2019
Legislature's "Gut-And-Replace" Procedure Violates Hawaii Constitution Three Readings Requirement
By Robert Thomas @ 3:55 AM :: 1459 Views :: Ethics, Hawaii State Government

...Here's the motion we filed today....

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Thursday, November 7, 2019
Hot Take On The Maui Clean Water Act Arguments
By Robert Thomas @ 2:12 PM :: 2140 Views :: Maui County, Environment, Tourism

...It all turns on the language of the Clean Water Act, and what does the term "from" mean....

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Wednesday, October 30, 2019
Maui Enviros Sue in State Court to Yank Case Away from US Supreme Court
By Robert Thomas @ 4:06 AM :: 2285 Views :: Maui County, Environment, Judiciary

... If this were federal court with its Article III case and controversy standing requirements, we'd bet the court might have a difficult time finding standing. But this is a Hawaii court applying Hawaii law, and anyone who might be able to allege even "butterfly effect" linkage to the desired outcome has a very good argument for standing ....

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Sunday, October 27, 2019
Bridge Aina Lea: Will Takings Claim Be Ruled out by Statute of Limitations?
By Robert Thomas @ 1:25 AM :: 2197 Views :: Hawaii County , Development, Law Enforcement

...State's Amicus Response....

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Friday, October 25, 2019
Lights Out In The Land Of No: The Practical Effects Of California's Wildfire Inverse Condemnation Doctrine
By Robert Thomas @ 6:55 PM :: 2148 Views :: Energy, Judiciary

...if the power is to be shut off to more than a handful of customers statewide, the power must also be shut off to the homes of both the responsible utility execs and the state legislature and executive office buildings....

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Monday, October 14, 2019
SCOTUS: Who is in charge at the County Of Maui?
By Robert Thomas @ 1:38 AM :: 2445 Views :: Maui County, Environment

...SCOTUS Oral Argument Hinges On Internal Dispute Over Who Can Settle....

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Friday, August 9, 2019
Bridge Aina Lea: Statute of Limitations?
By Robert Thomas @ 12:10 AM :: 2547 Views :: Hawaii County , Development, Land Use

...Here is the motion asking the Hawaii Supreme Court for leave to file an amicus curiae brief (and the proposed brief)....

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Wednesday, August 7, 2019
Honolulu's New Short-Term Rental Ordinance Challenged In Federal Court
By Robert Thomas @ 4:01 PM :: 3937 Views :: Honolulu County, Land Use, Small Business, Tourism

... read the full complaint ....

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Friday, June 28, 2019
What The US Supreme Court's Property Rights Decision Means For Hawaii's Property Owners
By Robert Thomas @ 3:10 AM :: 5342 Views :: National News, Development, Judiciary, Land Use, Small Business, Tourism

...Hawaii’s property owners now have many more options for fighting back against oppressive government regulation of property than they did last week.... 

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Wednesday, May 22, 2019
Does Legalizing Uber and Lyft 'Take' The Property Of Taxi Companies?
By Robert Thomas @ 6:34 PM :: 1771 Views :: Small Business

...taxi companies in several cities have brought lawsuits claiming that legalizing ride-share services such as Uber and Lyft violates the Takings Clause of the Fifth Amendment....

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Thursday, May 16, 2019
HAWSCT: PUC Must Consider Whether Renewable Biofuel Energy Plant Might Impact Property Right To Clean And Healthful Environment
By Robert Thomas @ 6:53 PM :: 2873 Views :: Hawaii County , Energy, Environment

...the court's conclusion that the property right to a clean and healthful environment not only requires the PUC to conduct an administrative trial, but that as part of the trial, the agency must expressly consider "the reduction of [greenhouse gas] emissions"....

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Friday, April 5, 2019
9th Circuit: City Can Only Enforce Sleeping Ban if Shelter Available
By Robert Thomas @ 10:48 PM :: 3819 Views :: Homelessness

"...the Eighth Amendment’s prohibition on cruel and unusual punishment bars a city from prosecuting people criminally for sleeping outside on public property when those people have no home or other shelter to go to...."

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Sunday, March 10, 2019
Ninth Circuit Wants To Know The Statute Of Limitations For Takings Claims In Hawaii
By Robert Thomas @ 4:40 PM :: 3827 Views :: Hawaii County , Judiciary, Land Use

...which statute of limitations applies to takings claims: the two-year personal injury statute, or the six-year "catch all." The answer has not been definitively resolved by Hawaii's courts....

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Sunday, March 10, 2019
Hawaii Supreme Court: Must Employer Hold Open Injured Worker's Position Eternally?
By Robert Thomas @ 4:33 PM :: 2912 Views :: Health Care, Labor, Small Business

...Amicus Brief: Employer Can Fill Injured Worker's Position If There Are Legitimate Business Reasons For Doing So....

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Wednesday, February 6, 2019
JEFS Fail: Judiciary Electronic System Leaves Lawyers in the Dark
By Robert Thomas @ 1:38 AM :: 2176 Views :: Judiciary

"...the JEFS system has failed to notify us of events in the cases in which we are counsel...."

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Wednesday, February 6, 2019
ICA Throws out Case Against Vacation Rental
By Robert Thomas @ 1:24 AM :: 3570 Views :: Honolulu County, Land Use, Tourism

...Hitting someone with a notice of violation and then telling them to disprove it (all the while laboring under ever-increasing daily fines) just won't cut it....

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Friday, January 18, 2019
$10 Maui Oceanfront Parcel? Supreme Court Refuses to Hear Case
By Robert Thomas @ 1:40 AM :: 3686 Views :: Maui County, Ethics, Land Use

...Would You Pay $10 for Maui Beachfront Land?....

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Tuesday, December 18, 2018
HAWSCT's Latest Water Case Isn't About Water
By Robert Thomas @ 7:59 PM :: 3860 Views :: Environment, Judiciary, Land Use

...Search as you might, there's nothing there that helps or hurts in the water law department....

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Sunday, October 21, 2018
Would You Pay $10 for Maui Beachfront Land?
By Robert Thomas @ 3:51 PM :: 3413 Views :: Maui County, Land Use

...Welcome to newspeak, takings edition.... 

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Saturday, October 20, 2018
HSTA Property Tax: Two Wolves Fight Over Dinner
By Robert Thomas @ 2:12 AM :: 3942 Views :: Education K-12, Ethics, Labor, Taxes

...the lambs (the voters and taxpayers) didn't have much of a say as usual, and portions of the arguments revealed what these folks think about the intelligence of the average Hawaii voter....

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Wednesday, September 12, 2018
Hawaii Supreme Court to Decide if Land Can be Stolen from Owners Without Compensation?
By Robert Thomas @ 2:51 AM :: 3673 Views :: Maui County, Land Use

...The land was zoned for single-family residences, but the County of Maui decided it should be used as a public park. Instead of buying the land, however, the County wielded its regulatory authority to prevent the Leones from developing their property in any way....

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Thursday, August 9, 2018
Telescope: Cultural Property Ownership Gets You Only One Proceeding
By Robert Thomas @ 5:14 AM :: 3894 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 :: 3326 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 :: 4549 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 :: 3115 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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