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Entries for 'Robert Thomas'

Thursday, November 27, 2014
Bridge Aina Lea: Supreme Court Smacks Down LUC
By Robert Thomas @ 1:03 PM :: 6710 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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Sunday, November 23, 2014
Supreme Court Blocks Friends of Makakilo Appeal vs DR Horton
By Robert Thomas @ 3:29 PM :: 6470 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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Wednesday, November 19, 2014
Judicial Selection: Constitutional Amendment Icing on the Transparency Cake
By Robert Thomas @ 4:42 AM :: 4660 Views :: Ethics, Judiciary

...the voters agreed that there's no good reason to keep the JSC lists secret, the same result as the lawsuit....

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Tuesday, November 11, 2014
The Eminent Domain Angle In "Net Neutrality"
By Robert Thomas @ 12:57 PM :: 5342 Views :: First Amendment

...Virtual Takings: The Coming Fifth Amendment Challenge to Net Neutrality Regulation....

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Wednesday, September 17, 2014
Happy Constitution(s) Day
By Robert Thomas @ 2:45 PM :: 4410 Views :: Judiciary
"Who Trumps Whom: Exploring Federalism in Hawaii."
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Tuesday, September 9, 2014
Nine Years of Inverse Condemnation
By Robert Thomas @ 2:28 AM :: 4645 Views :: Land Use

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

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Thursday, August 28, 2014
Supreme Court Dismisses All Three Puna Election Challenges
By Robert Thomas @ 10:10 PM :: 6408 Views :: Judiciary, Office of Elections

Today must be election contest day at the Hawaii Supreme Court....

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Wednesday, August 27, 2014
Eminent Domain: City Seizure of Protest Signs Illegal?
By Robert Thomas @ 7:33 PM :: 6596 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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Tuesday, August 26, 2014
According To State, ACLU Complaint About Postponed Puna Primary Not An "Election Contest"
By Robert Thomas @ 8:40 PM :: 4437 Views :: Office of Elections

You can tell what kind of case is before what Hawaii appellate court by the case designation at the top of the fist page flysheet....

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Sunday, August 24, 2014
"Not A Typical Election Contest" Filed Over Postponed Puna Primary
By Robert Thomas @ 6:24 AM :: 6375 Views :: Hawaii County , Office of Elections

...Thursday at 4:30 p.m. was the statutory deadline for instituting an "election contest" in the Hawaii Supreme Court....

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Sunday, August 17, 2014
Hawaii Senate Primary Election Update: There's A Dem Nominee ... For Now?
By Robert Thomas @ 6:45 PM :: 4320 Views :: Office of Elections

Candidates would have until this Thursday to file a complaint. The Supreme Court would then have four days to make a ruling....

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Thursday, August 14, 2014
Judge Rejects Lawsuit To Delay Puna Voting--Polls Open Fri 7AM
By Robert Thomas @ 4:27 PM :: 8499 Views :: Hawaii County , Office of Elections, Politicians

...The motion for preliminary injunction asserts that holding the postponed election on Friday is just too soon, essentially because the two precincts are still a mess....

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Wednesday, August 13, 2014
Issues To Watch In The Promised Lawsuit Challenging Hurricane Primary
By Robert Thomas @ 5:46 AM :: 4353 Views :: Office of Elections

...we'll see soon enough how the challenge is framed, in what court it is brought, and what relief it seeks. Stay tuned....

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Sunday, August 10, 2014
The Law Behind Hawaii's Hurricane Senate Primary Election: Let The Games Begin!
By Robert Thomas @ 2:02 PM :: 4442 Views :: Office of Elections

...all votes statewide have been counted, except for two in the Big Island's Puna district, in which up to 8,000 votes may be in play....

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Thursday, July 31, 2014
Supreme Court Orders Abercrombie to Pay Up
By Robert Thomas @ 9:02 PM :: 6220 Views :: Ethics, Judiciary

Today, the Hawaii Supreme Court issued a unanimous opinion in Oahu Publications, Inc. v. Abercrombie....

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Thursday, July 24, 2014
More On That Pesky Banner-Towing Airplane
By Robert Thomas @ 1:30 PM :: 5345 Views :: Honolulu County, Small Business
Have Honolulu residents really called 911 to report the plane as the mayor requested?
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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 :: 5195 Views :: Judiciary, Land Use

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

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Tuesday, July 15, 2014
Upcoming CLE: Hawaii's Shoreline and Coastal Law and Regulation
By Robert Thomas @ 8:03 PM :: 9140 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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Wednesday, July 9, 2014
Hawaii Under Attack From The Air!
By Robert Thomas @ 4:40 AM :: 5847 Views :: Environment, Small Business

...from some of the reaction we're seeing, you might think the Imperial Japanese Navy was once again off of our fair shores....

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Thursday, June 26, 2014
Prohibiting Sitting Or Laying Down On Oahu's Sidewalks 24/7 Makes Law More Susceptible To Challenge
By Robert Thomas @ 2:03 AM :: 5014 Views :: Homelessness

Expansion of the scope may leave a slightly wider opening for challenge....

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Wednesday, June 25, 2014
Ninth Circuit Oral Argument In Bridge Aina Lea
By Robert Thomas @ 1:57 AM :: 6111 Views :: Development, Land Use

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

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Friday, June 20, 2014
Honolulu Rail And The Use Of Eminent Domain
By Robert Thomas @ 8:35 PM :: 5132 Views :: Rail

...acquiring properties in Honolulu to build Oahu's rail transit system could involve 'judicious' use of eminent domain....

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Tuesday, June 17, 2014
Vermont's GMO Labeling Law Challenged On Free Speech Grounds
By Robert Thomas @ 3:32 PM :: 4805 Views :: First Amendment, GMOs

...on one hand, the labeling requirement compels speech, while on the other, the prohibition on calling it natural suppresses speech....

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Monday, June 16, 2014
Homelessness: It's A Sidewalk, Not A Sideseat Or A Sidebed
By Robert Thomas @ 7:35 PM :: 4978 Views :: Homelessness

...two bills proposed by Honolulu's mayor to address some difficult urban issues....

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Monday, June 16, 2014
Writ to Watch: Oahu Publications, Inc. v. Neil Abercrombie
By Robert Thomas @ 7:31 PM :: 5953 Views :: Ethics, Hawaii State Government, Judiciary

On June 13, 2014, the HAWSCT accepted cert in Oahu Publications, Inc., dba The Honolulu Advertiser v. Neil Abercrombie....

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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 :: 6321 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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Tuesday, June 10, 2014
Big Island Farmers File Latest Federal Court Salvo on GMO Front
By Robert Thomas @ 3:52 PM :: 4277 Views :: GMOs

The Big Island ordinance is now being challenged in Federal Court on a number of grounds (preemption, Commerce Clause, and takings)....

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Monday, June 9, 2014
Court: No EIS Required For Haleakala Telescope
By Robert Thomas @ 9:12 PM :: 5489 Views :: Environment, Higher Education

...In Kilakila O Haleakala v. University of Hawaii the Hawaii Intermediate Court of Appeals rejected a challenge under Hawaii's environmental review statute....

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Monday, June 9, 2014
9th Circuit Demands Briefing on Bridge Aina Lea Suit
By Robert Thomas @ 5:30 AM :: 8963 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 :: 6526 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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Sunday, May 25, 2014
Hawaii's "Environmental Court" - A Bad Idea Whose Time (Apparently) Is Nigh
By Robert Thomas @ 8:13 PM :: 6357 Views :: Environment, Judiciary

...the only thing standing between the bill and the rest of us is Governor Abercrombie's veto pen....

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Wednesday, May 21, 2014
Intermediate Court of Appeals: No Landlocked Real Estate in Hawaii
By Robert Thomas @ 2:36 PM :: 9403 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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Wednesday, May 21, 2014
Legislative Prayer, Tradition, and the Establishment Clause
By Robert Thomas @ 5:22 AM :: 6108 Views :: First Amendment, Religion

...U.S. Supreme Court held that town council meetings could open with a prayer without violating the First Amendment’s Establishment Clause....

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Friday, April 25, 2014
Quo Warranto Fu: Is Calvin Say a Qualified Voter in his District?
By Robert Thomas @ 10:44 PM :: 6545 Views :: Office of Elections, Politicians

...may the challenger institute a quo warranto lawsuit in state circuit court?

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Sunday, April 20, 2014
Hawaii-Focused Legal Blogs
By Robert Thomas @ 1:05 AM :: 4296 Views :: Judiciary

...several of our law firm colleagues also are active bloggers in their respective fields...

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Monday, March 24, 2014
Hawaii Supreme Court: Must Counties Maintain Accurate Public Records?
By Robert Thomas @ 3:10 AM :: 5969 Views :: Hawaii County , Judiciary

Your first reaction may be "well, duh." But....

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Friday, March 21, 2014
HART Lawyer Gives Last Word on Rail Case
By Robert Thomas @ 6:15 PM :: 4161 Views :: Rail

Mr. Thornton notes that the decision is one "of national importance for transit and highway projects" because....

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Thursday, March 13, 2014
U.S. District Court's Honolulu Rail Compliance Order – A Slam Dunk
By Robert Thomas @ 4:33 PM :: 5682 Views :: Judiciary, Rail

...Judge A. Wallace Teshima’s truly final order in the case: the Order on Objection to Notice of Compliance, which coincidentally (or perhaps not) was issued on the same day (February 18, 2014) as the Ninth Circuit opinion....

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Wednesday, March 5, 2014
Full Text: Big Island Papaya Farmer Sues to Invalidate anti-GMO Ordinance
By Robert Thomas @ 9:12 PM :: 7980 Views :: Hawaii County , Agriculture, GMOs

Science. It's the darndest thing....

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Wednesday, March 5, 2014
The Real Stories Behind "The Descendants"
By Robert Thomas @ 9:08 PM :: 8717 Views :: Hawaii History, Land Use
"Deconstructing The Descendants: How George Clooney Ennobled Old Hawaiian Trust and Made the Rule Against Perpetuities Sexy"
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Saturday, March 1, 2014
Aloha, Justice Acoba
By Robert Thomas @ 8:41 PM :: 5693 Views :: Judiciary

Yesterday, according to the coconut wireless, was the official last day on the Hawaii Supreme Court for Associate Justice Simeon Acoba....

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Saturday, March 1, 2014
Supreme Court Rejects Kauai Springs Appeal
By Robert Thomas @ 8:35 PM :: 8746 Views :: Kauai County, Land Use, OHA, Small Business
The Hawaii Supreme Court has issued an opinion in Kauai Springs, Inc. v. Kauai Planning Comm'n....
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Wednesday, February 26, 2014
Looks Like Hawaii Won't Need To Count All Those Soldiers, Sailors, And Marines In The Next Reapportionment Anyway
By Robert Thomas @ 12:47 AM :: 6262 Views :: Military, Office of Elections

Not only will the soldiers, sailors, Marines, airmen, and their families be legally invisible, they might be really gone as well....

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Friday, February 21, 2014
Does Hawaii Need An "Environmental Court?"
By Robert Thomas @ 6:01 PM :: 5850 Views :: Environment, Judiciary

Looks like they're at it again, a solution in search of a problem....

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Thursday, February 20, 2014
Hawaii Supreme Court: How Do You Solve A Problem Like ... Appellate Mootness? More Process!
By Robert Thomas @ 9:58 PM :: 4378 Views :: Judiciary

The Hawaii Supreme Court has been on a roll lately....

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Thursday, February 20, 2014
Supreme Court Nominee Wilson's Written Opinions
By Robert Thomas @ 5:42 PM :: 6257 Views :: Judiciary

On Tuesday, February 18, 2014, Hawaii Governor Neil Abercrombie named Judge Michael D. Wilson as his nomination for associate justice to the Supreme Court....

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Tuesday, February 18, 2014
9th Circuit Court: Honolulu Rail Project On Track
By Robert Thomas @ 4:53 PM :: 4569 Views :: Rail

...the panel held that the FTA and the City did not go wrong when it did not adopt the "Managed Lanes Alternative" or the "bus rapid transit" alternative....

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Monday, February 17, 2014
Supreme Court: Damage To Unique Property Subject To Unique Rules
By Robert Thomas @ 2:12 PM :: 6575 Views :: Kauai County, Land Use

The value of Pilaa beach, bay and reef includes use value, option value, commodity value, existence value, bequest value, cultural values, including value to indigenous people, and intrinsic value....

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Saturday, February 15, 2014
Supreme Court: Lower Courts too Dismissive of Pro-Se Litigants
By Robert Thomas @ 12:52 AM :: 4961 Views :: Judiciary

You file a crap brief with an appellate court. Shame on you....

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Tuesday, February 11, 2014
Hawaii In The Eminent Domain Spotlight
By Robert Thomas @ 12:23 PM :: 6002 Views :: Judiciary, Land Use
...Forbes editorial about an eminent domain and free speech battle between a North Shore property owner and the City and County of Honolulu....
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