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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 :: 4423 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 :: 4689 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 :: 5255 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 :: 7308 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 :: 9649 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 :: 3390 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 :: 5408 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 :: 5400 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 :: 6241 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 :: 5282 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 :: 3739 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 :: 6092 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 :: 5939 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 :: 6503 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 :: 5629 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 :: 6755 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 :: 5742 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 :: 6778 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 :: 5674 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 :: 7100 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 :: 4891 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 :: 4558 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, May 23, 2018
After a Few Months of Typing, HGEA Member Scores Lifetime 'Disability' Pension
By Robert Thomas @ 1:23 PM :: 6796 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 :: 4435 Views :: Land Use

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

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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 :: 8299 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 :: 6194 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 :: 7322 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 :: 5499 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 :: 7450 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 :: 4569 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 :: 4073 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 :: 6157 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 5, 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 :: 5809 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 :: 8395 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 :: 5302 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 :: 4493 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 :: 6278 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 :: 3866 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 :: 5459 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 :: 6003 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 :: 5824 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 :: 4668 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 :: 5358 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 4, 2017
State Supreme Court says election board erred in not hearing challenge
By Robert Thomas @ 7:51 PM :: 4583 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 :: 5086 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 9, 2017
UH Law Review Sharing Economy Symposium
By Robert Thomas @ 3:34 AM :: 4967 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 :: 5067 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 :: 6527 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 :: 7345 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 :: 5229 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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