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Entries for 'Robert Thomas'

Wednesday, December 23, 2015
Supreme Court: Hoopili ‘Necessary for Urban Growth’
By Robert Thomas @ 3:44 PM :: 8901 Views :: Agriculture, Development, Land Use, Rail

"This appeal involves a long-standing issue in this state: balancing agricultural and urban land uses."

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Monday, December 21, 2015
What Is The Office Of Hawaiian Affairs?
By Robert Thomas @ 6:01 PM :: 6016 Views :: OHA
An op-ed piece by Judge (Ret.) Walter Heen and U. Hawaii lawprof Randy Roth asks "What is OHA?" ....
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Saturday, December 19, 2015
Latest On The Hawaiians-Only-Oprah/Costco-Everyone-Wins Election
By Robert Thomas @ 2:32 PM :: 7495 Views :: Akaka Bill, DHHL, OHA

... plaintiffs outline their possible responses to the cancellation of the election and the seating of all candidates ...

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Wednesday, December 16, 2015
Nai Aupuni’s "Oprah Theory Of Elections"
By Robert Thomas @ 4:15 AM :: 4775 Views :: Akaka Bill, OHA

...that's the sort of thing that is supposed to happen only in a banana republic....

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Monday, December 14, 2015
Court Of Appeals: Pig Hunting is a Traditional Hawaiian Practice (In This Case)
By Robert Thomas @ 1:48 AM :: 6091 Views :: Land Use, Second Amendment

Pig hunting in this case involved dogs and a knife, not guns....

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Tuesday, December 8, 2015
Hawaii Might Finally Be Forced To Include Military Among ‘We The People’
By Robert Thomas @ 9:13 PM :: 5618 Views :: Military, Office of Elections

The U.S. Supreme Court is now considering that question in a Texas case in which Hawaii’s decades-long exclusion of active-duty military and families from the body politic is front and center....

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Monday, December 7, 2015
Evenwel: Will Supreme Court Overturn 50 Years of Hawaii Apportionment Law?
By Robert Thomas @ 3:45 PM :: 5068 Views :: Military, Office of Elections

Tomorrow, the US Supreme Court is hearing oral arguments in two election law cases, Evenwel v. Abbott, No. 14-940, and Harris v. Arizona Ind. Redistricting Comm'n, No. 14-232....

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Monday, December 7, 2015
Nai Aupuni: The View from Outside the Hawaii Bubble
By Robert Thomas @ 3:41 PM :: 5156 Views :: Akaka Bill, OHA
The universal query they have for us about the Nai Aupuni vote is "what the heck are you doing out there?"
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Friday, December 4, 2015
The Hawaii Supreme Court's Fractured Rationale For Invalidating The TMT Permit
By Robert Thomas @ 9:04 PM :: 6527 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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Friday, November 27, 2015
Justice Kennedy Temporarily Halts "Hawaiians Only" Election
By Robert Thomas @ 4:41 PM :: 7494 Views :: Akaka Bill, DHHL, OHA

The biggest problem with this thing has always been the public funding....

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Saturday, November 7, 2015
What Does "Waikiki" Mean? - Variances, Safety Valves, And A "Hawaiian Sense Of Place"
By Robert Thomas @ 9:17 PM :: 7868 Views :: Environment, Development, Tourism

...Justice Pollack benchslapped the Department on each of the three variance standards....

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Wednesday, October 28, 2015
Tips From An Election Lawyer For Setting Up Private Racially-Exclusive Elections, er ... "Opinion Polls"
By Robert Thomas @ 4:04 AM :: 5287 Views :: Akaka Bill, OHA

...don't be too surprised if the Ninth Circuit sees it a different way....

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Wednesday, September 30, 2015
Hawaii AG on Reapportionment: We Want to Count Everybody--But only in Texas
By Robert Thomas @ 4:05 PM :: 4246 Views :: Office of Elections

Hawaii AG joins amici brief supporting Texas in Evenwel v. Abbott....

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Friday, September 25, 2015
Hawaii Apportionment Plaintiffs to Supreme Court: ‘Count Everyone’
By Robert Thomas @ 12:56 PM :: 4212 Views :: Office of Elections

Today we filed this amici brief in Evenwel v. Abbott....

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Tuesday, September 15, 2015
Full Text: Hawaii AG Supports Vermont GMO Labeling Law
By Robert Thomas @ 6:38 PM :: 4118 Views :: GMOs

What is intriguing is that Hawaii chose to join this brief....

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Friday, September 11, 2015
Evenwel v Abbott Could Affect Hawaii Reapportionment
By Robert Thomas @ 5:33 PM :: 4571 Views :: Office of Elections

Evenwel v. Abbott, the one-person-one-vote reapportionment case currently being briefed in the U.S. Supreme Court....

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Sunday, September 6, 2015
9 Years of Hawaii Law Blogging
By Robert Thomas @ 9:05 PM :: 6537 Views :: Judiciary, Land Use

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

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Thursday, September 3, 2015
Bridge Aina Lea: Federal Court Dismisses Most of Case
By Robert Thomas @ 9:09 PM :: 7846 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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Wednesday, September 2, 2015
Telescope Prediction: Hawaii Supreme Court Will Rule for Challengers
By Robert Thomas @ 4:35 AM :: 8058 Views :: Higher Education, OHA

...we predict that at least three of the Justices -- and perhaps a unanimous court if the Chief Justice keeps the opinion for himself -- will rule for the challengers....

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Monday, August 31, 2015
Court: Removal of Protest Signs OK After City Finally Figures out how to Seize Property
By Robert Thomas @ 12:03 PM :: 5537 Views :: Honolulu County, First Amendment

You remember that case about property on the rural north shore of Oahu, in which the City and County of Honolulu is condemning a vacant parcel in order to build a new fire station....

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Friday, August 28, 2015
Federal Judge Blocks Federal Grab for Control of Waterways
By Robert Thomas @ 3:29 AM :: 4916 Views :: Environment

The Rule asserts jurisdiction over waters that are remote and intermittent waters....

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Wednesday, August 19, 2015
Enviro Wars Episode IV: A New Court
By Robert Thomas @ 3:06 PM :: 6037 Views :: Environment, Judiciary

..."mission creep" could well set in....

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Saturday, August 1, 2015
"How Much Will Rail Cost Us In the End?"
By Robert Thomas @ 3:36 AM :: 4970 Views :: Rail, Taxes

...the only honest answer is "as much as it takes."....

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Thursday, July 2, 2015
Hawaii Appeals: When is Final, Final?
By Robert Thomas @ 11:00 PM :: 4551 Views :: Judiciary

HAWSCT Again Clarifies When A Judgment Is "Final" And Appealable (They're Serious About This Finality Thing)....

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Tuesday, June 30, 2015
Full Text: Federal Court Slaps Down Maui Anti-GMO Ordinance
By Robert Thomas @ 10:50 PM :: 4596 Views :: GMOs

...Judge says Maui County prohibition is pre-empted by federal and state law....

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Tuesday, June 30, 2015
Hawaii Reapportionment Commission Breathes A Sigh Of Relief
By Robert Thomas @ 1:49 AM :: 4501 Views :: Office of Elections

...today's 5-4 decision in Arizona State Legislature v. Arizona Independent Redistricting Comm'n....

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Friday, June 26, 2015
Hawaii Supreme Court: County Initiative Preempted by State Law
By Robert Thomas @ 5:08 PM :: 9731 Views :: Hawaii County , Judiciary, Law Enforcement, Drugs, GMOs

...Hawaii Supreme Court refined the test for determining when a municipal ordinance or charter provision is preempted by state law....

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Sunday, June 21, 2015
Contested Case or Court Case? The Hawaii Supreme Court Decides
By Robert Thomas @ 6:58 PM :: 6151 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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Tuesday, June 2, 2015
Hawaii "Is Exception To Constitutional Law" In State Reapportionment
By Robert Thomas @ 9:31 PM :: 5707 Views :: Military, Office of Elections

...the Texas case may open up future Hawaii reapportionments to legal challenge if Hawaii persists in applying the same or similar standards....

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Monday, June 1, 2015
Koa Ridge Arguments Before Supreme Court - State Prohibited From Rezoning "Potential" IALs?
By Robert Thomas @ 7:01 PM :: 6219 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
Big Law vs. Honolulu's Not-So-Big Law
By Robert Thomas @ 9:01 AM :: 7137 Views :: Judiciary, Small Business
"A Tale of Two Cities: Honolulu and San Francisco"
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Friday, May 29, 2015
Eminent Domain Docfilm "Battle For Brooklyn" Now Streaming
By Robert Thomas @ 8:56 AM :: 4899 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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Thursday, May 28, 2015
WSJ: "Hawaii Military Carve Out May Play Role in Voting District Case"
By Robert Thomas @ 4:11 PM :: 4703 Views :: Office of Elections
SCOTUS To Revisit One-Person-One-Vote: Representational Equality Or Voting Equality?
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Monday, May 25, 2015
Final Chapter In Judicial Selection Commission List Public Records Case
By Robert Thomas @ 10:23 PM :: 5246 Views :: Ethics, First Amendment

Ige signed the bill authorizing that final payment this week....

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Thursday, April 16, 2015
HAWSCT Clarifies Joinder Of Indispensable Parties, Timely Appeals
By Robert Thomas @ 12:49 AM :: 4121 Views :: Judiciary

Here's the latest from the Hawaii Supreme Court....

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Wednesday, April 8, 2015
Guess What: Hawaii Housing Is Expensive!
By Robert Thomas @ 5:25 AM :: 7548 Views :: Development, Land Use, Cost of Living

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

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Saturday, April 4, 2015
"Through a Glass Clearly: Predicting the Future in Land Use Takings Law"
By Robert Thomas @ 12:56 AM :: 4001 Views :: Land Use

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

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Thursday, March 26, 2015
Eminent Domain And The Honolulu Rail
By Robert Thomas @ 4:59 PM :: 5026 Views :: Rail

...eminent domain, property rights, and the Honolulu rail project....

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Monday, March 9, 2015
Video: Rail Line Property Owners Meet With Attorneys
By Robert Thomas @ 5:36 AM :: 4032 Views :: Rail

..."just compensation and damages" are required by the constitution....

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Wednesday, March 4, 2015
Rail Project Forum: Eminent Domain, Just Compensation, and Protecting Property Rights
By Robert Thomas @ 1:53 PM :: 5773 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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Tuesday, March 3, 2015
Is The Hawaii Reapportionment Commission About To Go The Way Of The 'O'o Bird?
By Robert Thomas @ 11:38 PM :: 4403 Views :: Office of Elections

...come June, we'll be watching for more guidance from the Supreme Court.....

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Sunday, February 22, 2015
Seminar: Your Rights When HART Comes to Take Your Property
By Robert Thomas @ 9:25 PM :: 6429 Views :: Rail, Small Business

...Thursday, March 5, 2015, from 6:00 - 7:15 p.m. at the 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 :: 5816 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 :: 6387 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 8, 2015
Hawaii Supreme Court to Review Haleakala Telescope Case
By Robert Thomas @ 9:35 PM :: 8488 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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Monday, January 5, 2015
The "Big Eyes" Have It: Hawaii Courts Again In The Hollywood Spotlight
By Robert Thomas @ 2:07 PM :: 6531 Views :: Hawaii History, Judiciary

Anyone who was around in the 1960s and 1970s remembers those paintings and prints of sad children with oversize eyes. They were ubiquitous....

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Saturday, December 27, 2014
"The Interview": Not Quite Ready For The John Peter Zenger Honorary Oscar
By Robert Thomas @ 1:13 AM :: 4828 Views :: First Amendment
Interviewposter
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Wednesday, December 24, 2014
Hawaii Supreme Court Confirms Election Contests Are Tough
By Robert Thomas @ 11:57 PM :: 4380 Views :: Office of Elections

The statutory standards for an original jurisdiction action in the Hawaii Supreme Court challenging the outcome of an election are pretty rigorous.... 

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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 :: 7330 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 :: 5805 Views :: Judiciary, Land Use

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

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