|
Entries for 'Robert Thomas'
Wednesday, January 14, 2015 |
|
"'Integral Yoga' Group and Swami Hope to Find Their Inner Balance in Federal Court"
By Robert Thomas @ 9:30 PM :: 6866 Views :: Land Use, Small Business, Tourism
|
...for not permitting it to use their site on Maui's north shore for things like weddings....
|
Read
More.. |
|
|
|
|
Thursday, January 8, 2015 |
|
Hawaii Supreme Court to Review Haleakala Telescope Case
By Robert Thomas @ 9:35 PM :: 9059 Views :: Environment, Higher Education, Judiciary, Land Use
|
The case thus represents a target-rich environment for the petitioners and the court....
|
Read
More.. |
|
|
|
|
Monday, January 5, 2015 |
|
The "Big Eyes" Have It: Hawaii Courts Again In The Hollywood Spotlight
By Robert Thomas @ 2:07 PM :: 6932 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....
|
Read
More.. |
|
|
|
|
Saturday, December 27, 2014 |
|
|
Wednesday, December 24, 2014 |
|
Hawaii Supreme Court Confirms Election Contests Are Tough
By Robert Thomas @ 11:57 PM :: 4639 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....
|
Read
More.. |
|
|
|
|
Friday, December 19, 2014 |
|
Hawaii Supreme Court: Agencies Have No Duty To Keep Their Records Accurately
By Robert Thomas @ 4:00 AM :: 7849 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....
|
Read
More.. |
|
|
|
|
Wednesday, December 10, 2014 |
|
Hawaii Supreme Court In Aina Lea: The Rationales Behind The Opinion
By Robert Thomas @ 4:23 AM :: 6219 Views :: Judiciary, Land Use
|
...the LUC violated petitioners’ constitutional rights....
|
Read
More.. |
|
|
|
|
Thursday, November 27, 2014 |
|
Bridge Aina Lea: Supreme Court Smacks Down LUC
By Robert Thomas @ 1:03 PM :: 7090 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....
|
Read
More.. |
|
|
|
|
Sunday, November 23, 2014 |
|
Supreme Court Blocks Friends of Makakilo Appeal vs DR Horton
By Robert Thomas @ 3:29 PM :: 6892 Views :: Development, Land Use
|
...The Hawaii Supreme Court has issued a unanimous opinion in Friends of Makakilo v. D.R. Horton-Schuler Homes, LLC....
|
Read
More.. |
|
|
|
|
Wednesday, November 19, 2014 |
|
Judicial Selection: Constitutional Amendment Icing on the Transparency Cake
By Robert Thomas @ 4:42 AM :: 5002 Views :: Ethics, Judiciary
|
...the voters agreed that there's no good reason to keep the JSC lists secret, the same result as the lawsuit....
|
Read
More.. |
|
|
|
|
Tuesday, November 11, 2014 |
|
The Eminent Domain Angle In "Net Neutrality"
By Robert Thomas @ 12:57 PM :: 5627 Views :: First Amendment
|
...Virtual Takings: The Coming Fifth Amendment Challenge to Net Neutrality Regulation....
|
Read
More.. |
|
|
|
|
Wednesday, September 17, 2014 |
|
Happy Constitution(s) Day
By Robert Thomas @ 2:45 PM :: 4654 Views :: Judiciary
|
"Who Trumps Whom: Exploring Federalism in Hawaii."
|
Read
More.. |
|
|
|
|
Tuesday, September 9, 2014 |
|
Nine Years of Inverse Condemnation
By Robert Thomas @ 2:28 AM :: 4932 Views :: Land Use
|
...as you get older, you forget birthdays....
|
Read
More.. |
|
|
|
|
Thursday, August 28, 2014 |
|
Supreme Court Dismisses All Three Puna Election Challenges
By Robert Thomas @ 10:10 PM :: 6833 Views :: Judiciary, Office of Elections
|
Today must be election contest day at the Hawaii Supreme Court....
|
Read
More.. |
|
|
|
|
Wednesday, August 27, 2014 |
|
Eminent Domain: City Seizure of Protest Signs Illegal?
By Robert Thomas @ 7:33 PM :: 7003 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....
|
Read
More.. |
|
|
|
|
Tuesday, August 26, 2014 |
|
According To State, ACLU Complaint About Postponed Puna Primary Not An "Election Contest"
By Robert Thomas @ 8:40 PM :: 4715 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....
|
Read
More.. |
|
|
|
|
Sunday, August 24, 2014 |
|
"Not A Typical Election Contest" Filed Over Postponed Puna Primary
By Robert Thomas @ 6:24 AM :: 6742 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....
|
Read
More.. |
|
|
|
|
Sunday, August 17, 2014 |
|
Hawaii Senate Primary Election Update: There's A Dem Nominee ... For Now?
By Robert Thomas @ 6:45 PM :: 4581 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....
|
Read
More.. |
|
|
|
|
Thursday, August 14, 2014 |
|
Judge Rejects Lawsuit To Delay Puna Voting--Polls Open Fri 7AM
By Robert Thomas @ 4:27 PM :: 9049 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....
|
Read
More.. |
|
|
|
|
Wednesday, August 13, 2014 |
|
Issues To Watch In The Promised Lawsuit Challenging Hurricane Primary
By Robert Thomas @ 5:46 AM :: 4638 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....
|
Read
More.. |
|
|
|
|
Sunday, August 10, 2014 |
|
The Law Behind Hawaii's Hurricane Senate Primary Election: Let The Games Begin!
By Robert Thomas @ 2:02 PM :: 4725 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....
|
Read
More.. |
|
|
|
|
Thursday, July 31, 2014 |
|
Supreme Court Orders Abercrombie to Pay Up
By Robert Thomas @ 9:02 PM :: 6579 Views :: Ethics, Judiciary
|
Today, the Hawaii Supreme Court issued a unanimous opinion in Oahu Publications, Inc. v. Abercrombie....
|
Read
More.. |
|
|
|
|
Thursday, July 24, 2014 |
|
More On That Pesky Banner-Towing Airplane
By Robert Thomas @ 1:30 PM :: 5761 Views :: Honolulu County, Small Business
|
Have Honolulu residents really called 911 to report the plane as the mayor requested?
|
Read
More.. |
|
|
|
|
Wednesday, July 23, 2014 |
|
A Hint Of Judicial Takings From Hawaii Intermediate Court of Appeals
By Robert Thomas @ 2:21 PM :: 5599 Views :: Judiciary, Land Use
|
The case involved three buildings near the shoreline on the Big Island....
|
Read
More.. |
|
|
|
|
Tuesday, July 15, 2014 |
|
Upcoming CLE: Hawaii's Shoreline and Coastal Law and Regulation
By Robert Thomas @ 8:03 PM :: 9487 Views :: Judiciary, Land Use
|
This program will cover recent Hawaii case law, including the recent Hawaii Supreme Court decision regarding identifying the certified shoreline....
|
Read
More.. |
|
|
|
|
Wednesday, July 9, 2014 |
|
Hawaii Under Attack From The Air!
By Robert Thomas @ 4:40 AM :: 6158 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....
|
Read
More.. |
|
|
|
|
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 :: 5302 Views :: Homelessness
|
Expansion of the scope may leave a slightly wider opening for challenge....
|
Read
More.. |
|
|
|
|
Wednesday, June 25, 2014 |
|
Ninth Circuit Oral Argument In Bridge Aina Lea
By Robert Thomas @ 1:57 AM :: 6452 Views :: Development, Land Use
|
...the State Land Use Commission wrongfully amended the land use boundaries from urban to agriculture....
|
Read
More.. |
|
|
|
|
Friday, June 20, 2014 |
|
Honolulu Rail And The Use Of Eminent Domain
By Robert Thomas @ 8:35 PM :: 5398 Views :: Rail
|
...acquiring properties in Honolulu to build Oahu's rail transit system could involve 'judicious' use of eminent domain....
|
Read
More.. |
|
|
|
|
Tuesday, June 17, 2014 |
|
Vermont's GMO Labeling Law Challenged On Free Speech Grounds
By Robert Thomas @ 3:32 PM :: 5103 Views :: First Amendment, GMOs
|
...on one hand, the labeling requirement compels speech, while on the other, the prohibition on calling it natural suppresses speech....
|
Read
More.. |
|
|
|
|
Monday, June 16, 2014 |
|
Homelessness: It's A Sidewalk, Not A Sideseat Or A Sidebed
By Robert Thomas @ 7:35 PM :: 5222 Views :: Homelessness
|
...two bills proposed by Honolulu's mayor to address some difficult urban issues....
|
Read
More.. |
|
|
|
|
Monday, June 16, 2014 |
|
Writ to Watch: Oahu Publications, Inc. v. Neil Abercrombie
By Robert Thomas @ 7:31 PM :: 6318 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....
|
Read
More.. |
|
|
|
|
Monday, June 16, 2014 |
|
Supreme Court Briefs in Bridge Aina Lea: Takings, Reclassification, and Orders to Show Cause
By Robert Thomas @ 7:26 PM :: 6767 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....
|
Read
More.. |
|
|
|
|
Tuesday, June 10, 2014 |
|
Big Island Farmers File Latest Federal Court Salvo on GMO Front
By Robert Thomas @ 3:52 PM :: 4536 Views :: GMOs
|
The Big Island ordinance is now being challenged in Federal Court on a number of grounds (preemption, Commerce Clause, and takings)....
|
Read
More.. |
|
|
|
|
Monday, June 9, 2014 |
|
Court: No EIS Required For Haleakala Telescope
By Robert Thomas @ 9:12 PM :: 5866 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....
|
Read
More.. |
|
|
|
|
Monday, June 9, 2014 |
|
9th Circuit Demands Briefing on Bridge Aina Lea Suit
By Robert Thomas @ 5:30 AM :: 9531 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....
|
Read
More.. |
|
|
|
|
Friday, May 30, 2014 |
|
Today in 1984: SCOTUS Upholds Hawaii Land Redistribution Eminent Domain Plan
By Robert Thomas @ 5:52 PM :: 6924 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....
|
Read
More.. |
|
|
|
|
Sunday, May 25, 2014 |
|
Hawaii's "Environmental Court" - A Bad Idea Whose Time (Apparently) Is Nigh
By Robert Thomas @ 8:13 PM :: 6735 Views :: Environment, Judiciary
|
...the only thing standing between the bill and the rest of us is Governor Abercrombie's veto pen....
|
Read
More.. |
|
|
|
|
Wednesday, May 21, 2014 |
|
Intermediate Court of Appeals: No Landlocked Real Estate in Hawaii
By Robert Thomas @ 2:36 PM :: 10166 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....
|
Read
More.. |
|
|
|
|
Wednesday, May 21, 2014 |
|
Legislative Prayer, Tradition, and the Establishment Clause
By Robert Thomas @ 5:22 AM :: 6424 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....
|
Read
More.. |
|
|
|
|
Friday, April 25, 2014 |
|
Quo Warranto Fu: Is Calvin Say a Qualified Voter in his District?
By Robert Thomas @ 10:44 PM :: 6950 Views :: Office of Elections, Politicians
|
...may the challenger institute a quo warranto lawsuit in state circuit court?
|
Read
More.. |
|
|
|
|
Sunday, April 20, 2014 |
|
Hawaii-Focused Legal Blogs
By Robert Thomas @ 1:05 AM :: 4578 Views :: Judiciary
|
...several of our law firm colleagues also are active bloggers in their respective fields...
|
Read
More.. |
|
|
|
|
Friday, March 21, 2014 |
|
HART Lawyer Gives Last Word on Rail Case
By Robert Thomas @ 6:15 PM :: 4423 Views :: Rail
|
Mr. Thornton notes that the decision is one "of national importance for transit and highway projects" because....
|
Read
More.. |
|
|
|
|
Thursday, March 13, 2014 |
|
U.S. District Court's Honolulu Rail Compliance Order – A Slam Dunk
By Robert Thomas @ 4:33 PM :: 6005 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....
|
Read
More.. |
|
|
|
|
Wednesday, March 5, 2014 |
|
The Real Stories Behind "The Descendants"
By Robert Thomas @ 9:08 PM :: 9075 Views :: Hawaii History, Land Use
|
"Deconstructing The Descendants: How George Clooney Ennobled Old Hawaiian Trust and Made the Rule Against Perpetuities Sexy"
|
Read
More.. |
|
|
|
|
Saturday, March 1, 2014 |
|
Aloha, Justice Acoba
By Robert Thomas @ 8:41 PM :: 6005 Views :: Judiciary
|
Yesterday, according to the coconut wireless, was the official last day on the Hawaii Supreme Court for Associate Justice Simeon Acoba....
|
Read
More.. |
|
|
|
|
Saturday, March 1, 2014 |
|
Supreme Court Rejects Kauai Springs Appeal
By Robert Thomas @ 8:35 PM :: 9346 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....
|
Read
More.. |
|
|
|
|
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 :: 6659 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....
|
Read
More.. |
|
|
|
|
|