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Entries for 'Robert Thomas'
Wednesday, March 11, 2020 |
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Debunked Litigation Strategy: Honolulu Latest to Sue Big Oil for Global Warming
By Robert Thomas @ 3:50 AM :: 2510 Views
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...the fun part is in the claims for relief....
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Thursday, February 20, 2020 |
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Bridge Aina Lea: 9th Circuit Takes Developer's Last Dollar
By Robert Thomas @ 2:44 AM :: 5729 Views :: Hawaii County , Development, Land Use
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...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 |
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Land Use: Hawaii Supreme Court Creates New Procedural Hoop to Jump Through
By Robert Thomas @ 12:04 PM :: 4162 Views :: Development, Land Use
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...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 |
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Thursday, November 7, 2019 |
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Hot Take On The Maui Clean Water Act Arguments
By Robert Thomas @ 2:12 PM :: 5246 Views :: Maui County, Environment, Tourism
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...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 |
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Maui Enviros Sue in State Court to Yank Case Away from US Supreme Court
By Robert Thomas @ 4:06 AM :: 5446 Views :: Maui County, Environment, Judiciary
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... 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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Friday, October 25, 2019 |
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Lights Out In The Land Of No: The Practical Effects Of California's Wildfire Inverse Condemnation Doctrine
By Robert Thomas @ 6:55 PM :: 4934 Views :: Energy, Judiciary
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...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 |
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SCOTUS: Who is in charge at the County Of Maui?
By Robert Thomas @ 1:38 AM :: 5194 Views :: Maui County, Environment
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...SCOTUS Oral Argument Hinges On Internal Dispute Over Who Can Settle....
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Friday, August 9, 2019 |
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Bridge Aina Lea: Statute of Limitations?
By Robert Thomas @ 12:10 AM :: 5776 Views :: Hawaii County , Development, Land Use
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...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 |
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Friday, June 28, 2019 |
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What The US Supreme Court's Property Rights Decision Means For Hawaii's Property Owners
By Robert Thomas @ 3:10 AM :: 10525 Views :: National News, Development, Judiciary, Land Use, Small Business, Tourism
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...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 |
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Does Legalizing Uber and Lyft 'Take' The Property Of Taxi Companies?
By Robert Thomas @ 6:34 PM :: 3750 Views :: Small Business
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...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 |
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HAWSCT: PUC Must Consider Whether Renewable Biofuel Energy Plant Might Impact Property Right To Clean And Healthful Environment
By Robert Thomas @ 6:53 PM :: 5967 Views :: Hawaii County , Energy, Environment
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...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 |
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9th Circuit: City Can Only Enforce Sleeping Ban if Shelter Available
By Robert Thomas @ 10:48 PM :: 5769 Views :: Homelessness
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"...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 |
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Ninth Circuit Wants To Know The Statute Of Limitations For Takings Claims In Hawaii
By Robert Thomas @ 4:40 PM :: 6694 Views :: Hawaii County , Judiciary, Land Use
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...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 |
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Hawaii Supreme Court: Must Employer Hold Open Injured Worker's Position Eternally?
By Robert Thomas @ 4:33 PM :: 5731 Views :: Health Care, Labor, Small Business
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...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 |
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JEFS Fail: Judiciary Electronic System Leaves Lawyers in the Dark
By Robert Thomas @ 1:38 AM :: 4082 Views :: Judiciary
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"...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 |
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ICA Throws out Case Against Vacation Rental
By Robert Thomas @ 1:24 AM :: 6639 Views :: Honolulu County, Land Use, Tourism
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...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 |
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$10 Maui Oceanfront Parcel? Supreme Court Refuses to Hear Case
By Robert Thomas @ 1:40 AM :: 6465 Views :: Maui County, Ethics, Land Use
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...Would You Pay $10 for Maui Beachfront Land?....
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Tuesday, December 18, 2018 |
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HAWSCT's Latest Water Case Isn't About Water
By Robert Thomas @ 7:59 PM :: 6984 Views :: Environment, Judiciary, Land Use
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...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 |
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Would You Pay $10 for Maui Beachfront Land?
By Robert Thomas @ 3:51 PM :: 6128 Views :: Maui County, Land Use
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...Welcome to newspeak, takings edition....
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Saturday, October 20, 2018 |
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HSTA Property Tax: Two Wolves Fight Over Dinner
By Robert Thomas @ 2:12 AM :: 7447 Views :: Education K-12, Ethics, Labor, Taxes
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...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 |
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Hawaii Supreme Court to Decide if Land Can be Stolen from Owners Without Compensation?
By Robert Thomas @ 2:51 AM :: 6253 Views :: Maui County, Land Use
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...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 |
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Telescope: Cultural Property Ownership Gets You Only One Proceeding
By Robert Thomas @ 5:14 AM :: 7387 Views :: Hawaii County , Higher Education, Judiciary
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...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 |
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Act 56: When An Agency Is Given Emergency Powers, Pretty Soon Everything Looks Like An "Emergency"
By Robert Thomas @ 12:13 PM :: 6171 Views :: Ethics, First Amendment, Labor
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...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 |
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Bridge Aina Lea--Next Stop 9th Circuit
By Robert Thomas @ 12:05 PM :: 7594 Views :: Hawaii County , Development, Land Use
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...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 |
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Federal Appeals Court: No Property Right In A Clean And Pure Environment
By Robert Thomas @ 1:19 PM :: 5304 Views :: Environment, Land Use
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...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 |
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Honolulu's Sidewalk Obstruction Prohibition Goes Island-Wide
By Robert Thomas @ 1:17 AM :: 4888 Views :: Homelessness
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...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, May 23, 2018 |
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After a Few Months of Typing, HGEA Member Scores Lifetime 'Disability' Pension
By Robert Thomas @ 1:23 PM :: 7271 Views :: Hawaii State Government, Health Care, Labor
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...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 |
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Little Pink House Coming to Honolulu
By Robert Thomas @ 12:44 AM :: 4717 Views :: Land Use
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...June 11, 2018, 6:30pm....
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Wednesday, March 28, 2018 |
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Bridge Aina Lea: Jury Rejects LUC Taking After 15 Mins Deliberation
By Robert Thomas @ 7:26 PM :: 8805 Views :: Hawaii County , Development, Land Use
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...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 |
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Hawaii Housing Authority v. Midkiff: 34 Years Later
By Robert Thomas @ 7:14 PM :: 6735 Views :: Hawaii History, Land Use
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...the 34th anniversary of the SCOTUS oral arguments in Hawaii Housing Authority v. Midkiff....
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Monday, March 26, 2018 |
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Department Of Precrime: HAWSCT Considers Cultural "Property" on Mauna Kea
By Robert Thomas @ 5:23 PM :: 7861 Views :: Greenmail, Higher Education, OHA
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... 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 |
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Lawsuit: UPW Prison Guards 'Take Down' Pregnant Prisoner
By Robert Thomas @ 2:54 PM :: 5899 Views :: Law Enforcement, Life
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...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 |
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Vacation Rental Home Is "Public Accommodation" -- Lesbians are Mandatory
By Robert Thomas @ 3:15 AM :: 8091 Views :: First Amendment, Small Business, Tourism
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...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 |
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DHHL Funding: A morass in which the courts should not get entangled
By Robert Thomas @ 9:08 PM :: 4918 Views :: DHHL
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...This is Chapter 2 of the story....
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Wednesday, February 14, 2018 |
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Bills: Skip ICA, Direct Appeals to Supreme Court
By Robert Thomas @ 8:55 PM :: 4390 Views :: Judiciary
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...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 |
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Chin's Crackpot Theory: Eminent Domain Abuse, Hawaii Style
By Robert Thomas @ 7:03 PM :: 6553 Views :: Maui County, Land Use
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...“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 5, 2018 |
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"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 :: 6184 Views :: Land Use, Rail
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...the City doesn't really care all that much about these particular businesses or their owners....
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Saturday, December 30, 2017 |
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Hawaii Supreme Court Rules Public has Property Right to a Clean Environment
By Robert Thomas @ 7:23 PM :: 9020 Views :: Energy, Environment, Land Use
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...Does the Supreme Court now have three votes to kill the telescope?....
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Saturday, December 30, 2017 |
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Video: "The Future Of Land Regulations And A Tribute To David Callies"
By Robert Thomas @ 7:01 PM :: 5734 Views :: Higher Education, Land Use
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...the William and Mary Law School awards U. Hawaii lawprof David Callies the Brigham-Kanner Prize....
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Friday, November 24, 2017 |
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Project Announcement: Honolulu Rail May Be Coming To A Neighborhood Near You
By Robert Thomas @ 4:26 PM :: 4841 Views :: Rail
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...project announcement is the effective taking date triggering property owners' right to compensation and damages....
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Friday, November 10, 2017 |
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Queen Sues: Feds Took Our Crown Lands
By Robert Thomas @ 11:38 PM :: 6658 Views :: Hawaii History
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...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 |
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UH Law School Looks at Sharing Economy
By Robert Thomas @ 2:00 AM :: 4197 Views :: Small Business
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..."Property" And Investment-Backed Expectations In Ridesharing Regulatory Takings Claims....
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Wednesday, June 28, 2017 |
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Not Satisfied With Merely Taking Land For Rail, Now The City Wants Blood
By Robert Thomas @ 4:36 AM :: 5913 Views :: Land Use, Rail
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...Blood bank sues over city push to take land for rail....
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Thursday, May 18, 2017 |
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Retaliation: Supreme Court Upholds Hanalei Land Seizure
By Robert Thomas @ 1:57 AM :: 6500 Views :: Kauai County, Land Use
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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 |
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Ikaika Anderson Land Use Facepalm
By Robert Thomas @ 2:24 PM :: 6448 Views :: Honolulu County, Land Use
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“The lawyers start rubbing their hands a little bit because the comments are giving them ammunition.”
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Friday, March 31, 2017 |
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Rickrolling Rail
By Robert Thomas @ 5:01 PM :: 4997 Views :: Rail
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...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 |
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Do Muslims Have a Property Interest in US Visas?
By Robert Thomas @ 2:26 AM :: 5809 Views :: National News
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...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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