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Friday, December 04, 2015
The Hawaii Supreme Court's Fractured Rationale For Invalidating The TMT Permit
By Robert Thomas @ 9:04 PM :: 3656 Views :: Higher Education, Land Use, OHA
Space. The final frontier. These are the voyages of the telescope Thirty Meter. It's five year continuing mission: to explore strange new worlds. To seek out a Conservation District Use Permit from the Board of Land and Natural Resources, and navigate the treacherous waters of Hawaii administrative law. To boldly go where twelve other telescopes have gone before!
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Tuesday, November 17, 2015
Full Text: Supreme Court Grants Temporary Injunction Blocking Telescope Construction
By Selected News Articles @ 10:01 PM :: 3286 Views :: Higher Education, Land Use, OHA

True to Form: Enviros win 90% in Hawaii Supreme Court....

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Friday, October 30, 2015
Aha Moku Advisory Committee Hosts Public Meetings to Draft Rules
By News Release @ 2:26 AM :: 2854 Views :: Environment, Land Use

...as it develops and adopts rules for its operation and administration....

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Friday, October 02, 2015
New Hawaii Endangered Species Listings Set Stage for Federal Ecosystem Control
By Selected News Articles @ 1:39 PM :: 2833 Views :: Environment, Land Use

The proposed species occupy 11 types of ecosystems....

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Friday, October 02, 2015
‘Smart Growth’ Drives up Housing Costs
By NCPA @ 1:14 PM :: 3914 Views :: Development, Land Use, Cost of Living

A study reveals that urban containment, or smart growth policies, have been shown to drive the price of housing up....

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Friday, September 25, 2015
Smart Growth Policies Worsened Hawaii Housing Crash
By Selected News Articles @ 2:37 AM :: 3079 Views :: Economy, Land Use

...areas with restrictive land use regulations, often referred to as “smart growth,” were hit the hardest when housing crisis hit....

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Friday, September 18, 2015
'Smart Growth' Causes Hawaii Losses in Affordable Housing
By NCPA @ 5:57 PM :: 3908 Views :: Development, Hawaii Statistics, Land Use, Cost of Living

...Hawaii, California, Oregon, Vermont, Florida and Washington, which adopted some type of restrictive land-use policy over the last 30 years, all experienced some of the largest losses, in terms of home affordability....

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Sunday, September 06, 2015
9 Years of Hawaii Law Blogging
By Robert Thomas @ 9:05 PM :: 3420 Views :: Judiciary, Land Use

I'd also like to hail my fellow law bloggers....

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Thursday, September 03, 2015
Bridge Aina Lea: Federal Court Dismisses Most of Case
By Robert Thomas @ 9:09 PM :: 4513 Views :: Hawaii County , Development, Land Use

...once again, a property owner's federal constitutional claims -- raised in a federal forum -- get decided by a state court....

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Sunday, June 21, 2015
Contested Case or Court Case? The Hawaii Supreme Court Decides
By Robert Thomas @ 6:58 PM :: 3531 Views :: Judiciary, Land Use

It's a fine balance, and until the Hawaii Supreme Court's recent decision in Kellberg v. Yuen, and the Intermediate Court of Appeals' decision in Hoku Lele, LLC v. City and County of Honolulu....

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Monday, June 01, 2015
Koa Ridge Arguments Before Supreme Court - State Prohibited From Rezoning "Potential" IALs?
By Robert Thomas @ 7:01 PM :: 3695 Views :: Environment, Land Use

Last week, the Hawaii Supreme Court heard oral arguments in Sierra Club v. Castle and Cooke Homes Hawaii, Inc....

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Friday, May 29, 2015
Eminent Domain Docfilm "Battle For Brooklyn" Now Streaming
By Robert Thomas @ 8:56 AM :: 2593 Views :: Land Use
"Battle For Brooklyn explains why property owners fight the taking of their homes and businesses, even when that fight is uphill."
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Wednesday, May 27, 2015
Study: Honolulu Property Taxes Among Lowest in USA
By News Release @ 4:41 PM :: 4707 Views :: Hawaii Statistics, Land Use, Taxes

The Lincoln Institute of Land Policy released the annual 50-State Property Tax Comparison Study, a comprehensive analysis of effective property tax rates in each state’s largest city....

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Tuesday, May 12, 2015
State Planning Office Publishes 'Land Use System Review'
By News Release @ 6:12 PM :: 2137 Views :: Land Use

In 2014, the State Office of Planning, on its own accord, initiated an examination of the State land use system....

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Wednesday, April 08, 2015
Guess What: Hawaii Housing Is Expensive!
By Robert Thomas @ 5:25 AM :: 4313 Views :: Development, Land Use, Cost of Living

"Affordable Housing Maui Style" - from NewGeography.com....

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Sunday, April 05, 2015
The Turtle Bay Bill, Part 2
By Tom Yamachika @ 5:01 AM :: 4627 Views :: Environment, Development, Hawaii State Government, Land Use

...They were under the impression that the bond sale process needed to begin by June 30 of this year. “No,” said the Department of Attorney General, “the law says that the bond sale needs to be DONE by June 30.”...

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Saturday, April 04, 2015
"Through a Glass Clearly: Predicting the Future in Land Use Takings Law"
By Robert Thomas @ 12:56 AM :: 2135 Views :: Land Use

It's not often that we say a law review article is a "must-read."...

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Tuesday, March 10, 2015
Ige Nominates Three to BLNR
By News Release @ 10:04 PM :: 3101 Views :: Land Use

All three nominations are subject to confirmation by the Senate....

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Wednesday, March 04, 2015
Rail Project Forum: Eminent Domain, Just Compensation, and Protecting Property Rights
By Robert Thomas @ 1:53 PM :: 3075 Views :: Land Use, Rail
Date: Tomorrow, Thursday, March 5, 2015
Time: 6:00 - 7:15 p.m.
Location: Farrington High School Cafeteria
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Friday, January 23, 2015
Bridge Aina Lea: 9th Circuit Affirms State Supreme Court Ruling (sort of)
By Robert Thomas @ 2:28 PM :: 3188 Views :: Hawaii County , Land Use

...we've been waiting for the other shoe to drop, and today it did....

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Wednesday, January 14, 2015
"'Integral Yoga' Group and Swami Hope to Find Their Inner Balance in Federal Court"
By Robert Thomas @ 9:30 PM :: 3349 Views :: Land Use, Small Business, Tourism

...for not permitting it to use their site on Maui's north shore for things like weddings....

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Thursday, January 08, 2015
Hawaii Supreme Court to Review Haleakala Telescope Case
By Robert Thomas @ 9:35 PM :: 4487 Views :: Environment, Higher Education, Judiciary, Land Use

The case thus represents a target-rich environment for the petitioners and the court....

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Friday, December 19, 2014
Hawaii Supreme Court: Agencies Have No Duty To Keep Their Records Accurately
By Robert Thomas @ 4:00 AM :: 4049 Views :: Hawaii County , Judiciary, Land Use

Last month, the Hawaii Supreme Court issued a unanimous opinion which declined to impose a duty of reasonable care on the Hawaii County Planning Department....

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Wednesday, December 10, 2014
Hawaii Supreme Court In Aina Lea: The Rationales Behind The Opinion
By Robert Thomas @ 4:23 AM :: 3147 Views :: Judiciary, Land Use

...the LUC violated petitioners’ constitutional rights....

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Thursday, November 27, 2014
Bridge Aina Lea: Supreme Court Smacks Down LUC
By Robert Thomas @ 1:03 PM :: 3677 Views :: Development, Land Use

...the State Land Use Commission wrongfully amended the land use boundaries from "urban" back to to "agriculture" after $20M of construction was complete....

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Tuesday, November 25, 2014
Kauai Dairy Farm Receives Approval
By News Release @ 8:48 PM :: 4029 Views :: Environment, Agriculture, Land Use

...The original proposal of 2,000 cows on site was modified in July 2014 to 650-699 cows....

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Sunday, November 23, 2014
Hawaii Landmark Land Use Litigation for 2014
By Selected News Articles @ 3:36 PM :: 3126 Views :: Judiciary, Land Use

...new and important cases were decided by the Hawaii courts this year....

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Sunday, November 23, 2014
Supreme Court Blocks Friends of Makakilo Appeal vs DR Horton
By Robert Thomas @ 3:29 PM :: 3563 Views :: Development, Land Use

...The Hawaii Supreme Court has issued a unanimous opinion in Friends of Makakilo v. D.R. Horton-Schuler Homes, LLC....

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Saturday, November 15, 2014
Meetings to Discuss Changes to the State’s Land Use System
By News Release @ 5:41 AM :: 2765 Views :: Land Use

State Office of Planning Hosting a Series of Stakeholder Meetings to Discuss 'Improvements' to the State’s Land Use System....

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Friday, November 14, 2014
Courageous Hawaii Won Local Control of Public Lands With Statehood
By Selected News Articles @ 2:49 PM :: 4479 Views :: Akaka Bill, Hawaii History, Land Use

In Hawaii v. Office of Hawaiian Affairs, the Supreme Court unanimously declared....

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Saturday, November 08, 2014
Legacy Land Commission Seeks New Members
By News Release @ 8:12 PM :: 2893 Views :: Hawaii State Government, Land Use

There are currently three vacancies....

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Sunday, November 02, 2014
Kanaiolowalu: Broken Trust on Steroids
By Andrew Walden @ 10:43 PM :: 5729 Views :: Akaka Bill, Development, Land Use, OHA

PLDC and Kakaako Makai were just a warmup exercise....

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Tuesday, September 09, 2014
Nine Years of Inverse Condemnation
By Robert Thomas @ 2:28 AM :: 2416 Views :: Land Use

...as you get older, you forget birthdays....

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Wednesday, August 27, 2014
Abercrombie Appoints Three to LUC
By News Release @ 10:11 PM :: 3009 Views :: Land Use

... Brandon Ahakuelo, Kent Hiranaga and Arnold Wong to the Land Use Commission....

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Wednesday, August 27, 2014
Eminent Domain: City Seizure of Protest Signs Illegal?
By Robert Thomas @ 7:33 PM :: 3516 Views :: First Amendment, Land Use

...the City and County of Honolulu condemned an undeveloped lot in rural Oahu for a fire station, but has been met with staunch resistance....

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Wednesday, July 23, 2014
A Hint Of Judicial Takings From Hawaii Intermediate Court of Appeals
By Robert Thomas @ 2:21 PM :: 2506 Views :: Judiciary, Land Use

The case involved three buildings near the shoreline on the Big Island....

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Wednesday, July 16, 2014
Turtle Bay Deal Wins 2014 ‘Rusty Scalpel’ Award
By News Release @ 11:50 PM :: 3634 Views :: Ethics, Development, Land Use

...there was no compelling reason not to extend the session and hold public hearings on this important amended bill....

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Tuesday, July 15, 2014
Upcoming CLE: Hawaii's Shoreline and Coastal Law and Regulation
By Robert Thomas @ 8:03 PM :: 6290 Views :: Judiciary, Land Use

This program will cover recent Hawaii case law, including the recent Hawaii Supreme Court decision regarding identifying the certified shoreline....

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Friday, July 11, 2014
Abercrombie Appoints Three to BLNR
By News Release @ 9:27 PM :: 3188 Views :: Hawaii State Government, Land Use

...Vernon Char, Ulalia Woodside and Christopher Yuen....

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Wednesday, June 25, 2014
Ninth Circuit Oral Argument In Bridge Aina Lea
By Robert Thomas @ 1:57 AM :: 3362 Views :: Development, Land Use

...the State Land Use Commission wrongfully amended the land use boundaries from urban to agriculture....

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Monday, June 16, 2014
Abercrombie Appoints Members to BLNR, HTA
By News Release @ 8:14 PM :: 3851 Views :: Hawaii State Government, Labor, Land Use, Tourism

Both are interim appointments subject to state Senate approval....

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Monday, June 16, 2014
Supreme Court Briefs in Bridge Aina Lea: Takings, Reclassification, and Orders to Show Cause
By Robert Thomas @ 7:26 PM :: 3227 Views :: Honolulu County, Development, Land Use

Here are the merits briefs in an important case set for argument later this month in the Hawaii Supreme Court....

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Monday, June 09, 2014
9th Circuit Demands Briefing on Bridge Aina Lea Suit
By Robert Thomas @ 5:30 AM :: 5008 Views :: Hawaii County , Development, Judiciary, Land Use

...several members of the State of Hawaii Land Use Commission were sued by the property owner in their individual as well as official capacities....

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Friday, May 30, 2014
Today in 1984: SCOTUS Upholds Hawaii Land Redistribution Eminent Domain Plan
By Robert Thomas @ 5:52 PM :: 3679 Views :: Hawaii History, Land Use

It was on this day in 1984 that the U.S. Supreme Court issued its 8-0 decision in Hawaii Housing Authority v. Midkiff....

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Friday, May 23, 2014
VIDEO: Why is the Rent So High in Hawaii?
By Video @ 4:33 PM :: 4065 Views :: Land Use, Cost of Living

The six layers of land use controls ....

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Wednesday, May 21, 2014
Intermediate Court of Appeals: No Landlocked Real Estate in Hawaii
By Robert Thomas @ 2:36 PM :: 4679 Views :: Hawaii History, Judiciary, Land Use

In Malulani Group, Ltd. v. Kaupo Ranch, Ltd., No. 30509 (May 5, 2014), the issue was whether the owner of a landlocked parcel could assert an easement....

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Monday, May 19, 2014
Turtle Bay: A Real Difference Between Ige and Abercrombie
By News Release @ 5:58 PM :: 4168 Views :: Democratic Party, Land Use, Politicians

Turtle Bay vividly demonstrates the difference in problem solving between gubernatorial candidate Senator David Ige and Governor Neil Abercrombie....

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Monday, March 31, 2014
OHA Touts Pacific Business News Support for Kakaako Development Scheme
By News Release @ 4:11 PM :: 3298 Views :: Land Use, OHA

"...OHA is not seeing resistance from Kamehameha Schools and Howard Hughes Corp., the two major developers in Kaka'ako Mauka, as suggested in the editorial...."

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Tuesday, March 18, 2014
Portnoy Lashes out at Zell, Claims Parr Petroleum Hawaii Refinery is at Risk
By News Release @ 4:08 AM :: 3781 Views :: Energy, Land Use

...leases which may be essential for Par Petroleum’s refinery operations....

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Thursday, March 13, 2014
Carl Icahn, Sam Zell vs Portnoy Family in 'Vicious' fight over Hawaii Lawyers' Land Management Fees
By Selected News Articles @ 4:09 AM :: 3799 Views :: Energy, Land Use

Mr Zell controls 33 per cent of Par Petroleum, an oil and gas company operating in Hawaii....

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