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Entries for 'Robert Thomas'
Friday, February 21, 2014 |
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Does Hawaii Need An "Environmental Court?"
By Robert Thomas @ 6:01 PM :: 6296 Views :: Environment, Judiciary
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Looks like they're at it again, a solution in search of a problem....
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Thursday, February 20, 2014 |
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Thursday, February 20, 2014 |
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Supreme Court Nominee Wilson's Written Opinions
By Robert Thomas @ 5:42 PM :: 6682 Views :: Judiciary
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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 |
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9th Circuit Court: Honolulu Rail Project On Track
By Robert Thomas @ 4:53 PM :: 4872 Views :: Rail
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...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 |
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Supreme Court: Damage To Unique Property Subject To Unique Rules
By Robert Thomas @ 2:12 PM :: 7044 Views :: Kauai County, Land Use
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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 |
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Supreme Court: Lower Courts too Dismissive of Pro-Se Litigants
By Robert Thomas @ 12:52 AM :: 5302 Views :: Judiciary
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You file a crap brief with an appellate court. Shame on you....
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Tuesday, February 11, 2014 |
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Hawaii In The Eminent Domain Spotlight
By Robert Thomas @ 12:23 PM :: 6420 Views :: Judiciary, Land Use
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...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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Monday, January 27, 2014 |
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Supreme Court Moves Shoreline to "Historical Evidence of Upper Wash"
By Robert Thomas @ 11:48 PM :: 5454 Views :: Land Use
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Today, the Hawaii Supreme Court issued an option in Diamond v. Dobbin....
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Thursday, January 23, 2014 |
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Hawaii Supreme Court Eases Path to Challenge Subdivision Approvals
By Robert Thomas @ 4:35 PM :: 7792 Views :: Development, Judiciary, Land Use
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HAWSCT: Triggers To Administrative Appeals Must Be Clear And Noticed....
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Tuesday, January 21, 2014 |
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Supreme Court Upholds Hawaii Redistricting Plan
By Robert Thomas @ 11:06 AM :: 6369 Views :: Military, Office of Elections
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...the Court's order ends the case....
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Monday, January 13, 2014 |
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Hawaii Supreme Court Clarifies "Final, Appealable Order" And Forgay Doctrine
By Robert Thomas @ 10:07 AM :: 5517 Views :: Judiciary
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If there's one thing that keeps appellate lawyers up at night, it's jurisdictional questions....
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Saturday, January 11, 2014 |
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The Other Shoe Drops: Kauai Anti-GMO Ordinance Challenged In Federal Court
By Robert Thomas @ 3:01 PM :: 5362 Views :: GMOs
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On Friday, several seed companies filed a lawsuit in U.S. District Court in Honolulu. Here's the Complaint for Declaratory and Injunctive Relief....
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Thursday, January 9, 2014 |
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Go Back To Law School: UH "J-Term" Classes Open To The Public
By Robert Thomas @ 12:31 PM :: 4538 Views :: Judiciary
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some of the lectures are open to the public....
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Thursday, January 9, 2014 |
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Hawaii Ag Law Conference Tackles GMO Issues
By Robert Thomas @ 1:29 AM :: 4764 Views :: GMOs
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Here are links to some of the materials mentioned at our session today on the GMO issue....
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Thursday, December 26, 2013 |
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Hawaii Reapportionment: State's Exclusions not Rational
By Robert Thomas @ 3:18 PM :: 5856 Views :: Office of Elections
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“Nothing to see here folks, move along” is the State’s central theme in its response to this appeal....
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Monday, December 23, 2013 |
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Supreme Court Invalidates LUC Koa Ridge Reclassification
By Robert Thomas @ 11:55 PM :: 9403 Views :: Development, Judiciary, Land Use
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The court concluded that the commissioner did not qualify as a valid holdover ....
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Friday, December 20, 2013 |
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Blake v Kauai: Recktenwald Court continues Moon Court's policies
By Robert Thomas @ 2:19 PM :: 6517 Views :: Judiciary, Land Use
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This decision also reflects that the Recktenwald Court is continuing the Moon Court's policies of keeping the door to the courthouse doors opened as wide as possible....
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Tuesday, December 17, 2013 |
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Deemed Denied? Hawaii Supreme Court Clarifies Appeal Rules
By Robert Thomas @ 10:37 PM :: 5180 Views :: Judiciary
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Under the majority's interpretation, a "deemed denial" is not ripe for appeal until the court affirmatively issues an order disposing of the post-judgment motion....
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Sunday, December 15, 2013 |
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Hawaii Supreme Court: Demand A Contested Case, And There's A Good Chance You'll Get One
By Robert Thomas @ 11:33 PM :: 6699 Views :: Judiciary, Land Use
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The Hawaii Supreme Court has issued its latest opinion in the apparently eternal metaphysical question of the circuit courts' appellate jurisdiction to review decisions under the Hawaii Administrative Procedures Act....
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Friday, December 13, 2013 |
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State Hires Big Guns to Argue Reapportionment Case
By Robert Thomas @ 10:18 PM :: 4691 Views :: Office of Elections
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The State has hired some very big gun Supreme Court litigators at who knows what cost....
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Tuesday, December 10, 2013 |
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Hawaii Agriculture Conference, January 8-9, 2014
By Robert Thomas @ 3:51 PM :: 7291 Views :: Agriculture, Land Use, GMOs
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On January 8 and 9, 2014, the Seminar Group is putting on what we hope will become a regular event - the Hawaii Agriculture Conference....
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Friday, December 6, 2013 |
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Hawaii Trial Court: Seawall No One Wants Belongs To State
By Robert Thomas @ 9:15 PM :: 4812 Views :: Land Use
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Usually, in disputes about who owns oceanfront property (in Waikiki, the really nice part of Waikiki, down on the Diamond Head side), each party claims ownership....
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Thursday, November 21, 2013 |
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A Decade of Harassment: Bottled Water Battle Goes to Hawaii Supreme Court
By Robert Thomas @ 9:35 PM :: 6439 Views :: OHA, Small Business
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...arguing a case in the Hawaii Supreme Court about automatic approval statutes and zoning law....
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Friday, November 15, 2013 |
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Judge Rejects Dems Closed Primary Suit: Door Remains Open to 'As Applied' Challenge
By Robert Thomas @ 2:11 PM :: 6166 Views :: Democratic Party, Office of Elections
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Although it dismissed the lawsuit -- the Party raised only a facial claim -- the court left open the possibility of an as-applied challenge....
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Wednesday, November 13, 2013 |
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State Supreme Court Refuses to Hear Geothermal Rights Case
By Robert Thomas @ 9:37 PM :: 5794 Views :: Energy, Land Use
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declined to review the Intermediate Court of Appeals' decision in In re Campbell, the case involving Land Court registration (Torrens title) and mineral and metallic mining rights....
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Tuesday, November 5, 2013 |
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Honolulu Charter Amendment: Seize Land Within 90 Days of Council Vote
By Robert Thomas @ 1:16 PM :: 4561 Views :: Land Use
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...after the Council adopts a resolution to take property, the city administration must within 90 days start the condemnation action....
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Monday, November 4, 2013 |
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State: Geothermal Rights Case 'is no minor land dispute'
By Robert Thomas @ 5:31 PM :: 6145 Views :: Energy, Land Use
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What's so important about the State's claimed reservation of mineral and metallic mines that had made it put up this kind of resistance?
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Wednesday, October 23, 2013 |
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UPDATE: Hawaii Reapportionment Case Presented to US Supreme Court
By Robert Thomas @ 7:09 PM :: 8447 Views :: Military, Office of Elections
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Plaintiffs attorneys presented their Jurisdictional Statement, arguing that there are substantial questions meriting the U.S. Supreme Court's full consideration in our appeal of a three-judge U.S. District Court decision upholding the Plan....
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Wednesday, October 23, 2013 |
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Campbell Estate Files Response to State in Geothermal, Mineral Rights Case
By Robert Thomas @ 4:17 PM :: 5577 Views :: Energy, Land Use
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Here's the Response to Application for Writ of Certiorari by the State of Hawaii, which opposes the State's cert app....
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Tuesday, October 22, 2013 |
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Closed Primary: Party Leaders Want more ideological Democratic Party
By Robert Thomas @ 5:44 PM :: 6508 Views :: Democratic Party, Office of Elections
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...this lawsuit, while not exactly popular, is part of a long-term gambit to take the Party -- and Hawaii....
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Monday, October 21, 2013 |
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Court Orders Abercrombie Admin to Pay Lawyers who Forced him to Reveal Names of Judicial Nominees
By Robert Thomas @ 10:32 PM :: 6562 Views :: First Amendment, Hawaii State Government, Judiciary
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Remember the case from late last year in which the Honolulu Star-Advertiser brought a freedom of information/open records lawsuit against the Hawaii governor to force him to disclose the names of judicial nominees?
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Wednesday, October 16, 2013 |
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Supreme Court Asked: Who Owns Geothermal Rights in Hawaii?
By Robert Thomas @ 6:29 PM :: 7427 Views :: Energy, Land Use
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The rub is that here, it is the State of Hawaii that is claiming the interest, the right to mineral and metallic mines (including geothermal rights) on several large parcels....
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Thursday, September 26, 2013 |
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Gill: "Lazy Democrats Might Support Other Parties" After we Close Primary
By Robert Thomas @ 3:32 PM :: 7176 Views :: Democratic Party, Office of Elections
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Using the power of the state to equalize political outcomes, in a district where most citizens think one way, is a dangerous idea....
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Friday, September 20, 2013 |
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Close Dem Primary? State Claims Hawaii Already has 'Vibrant Multi-Party System'
By Robert Thomas @ 2:01 AM :: 6461 Views :: Democratic Party, Office of Elections
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These are among the gems to be gleaned from the State's counter-motion to the Democratic Party's motion for summary judgment, filed earlier this week in the federal lawsuit challenging the open primary process."
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Thursday, September 5, 2013 |
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Eight Years of InverseCondemnation
By Robert Thomas @ 3:16 PM :: 5038 Views :: Judiciary
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... I'd like to hail my fellow law bloggers who, like me, make the time to share thoughts about the legal issues of the day ....
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Thursday, September 5, 2013 |
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Thursday, August 22, 2013 |
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Friday, August 16, 2013 |
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Rail Appeal Hearing: Judges Focus on Jurisdictional Issues
By Robert Thomas @ 4:48 AM :: 5753 Views :: Rail
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it looks like at least two of the three judges are very skeptical whether there was an appeal able final order in the case....
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Wednesday, August 14, 2013 |
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Wednesday, August 14, 2013 |
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Update On Hawaii Reapportionment SCOTUS Appeal
By Robert Thomas @ 11:35 PM :: 5975 Views :: Military, Office of Elections
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In state reapportionment cases such as this, the Court has "appellate" jurisdiction to directly review decisions by the US District Court for the District of Hawaii....
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Thursday, August 8, 2013 |
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Ninth Circuit Rail Appeal Preview
By Robert Thomas @ 5:13 PM :: 4980 Views :: Rail
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Here's the latest on the federal court action....
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Thursday, August 1, 2013 |
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Hawaii Supreme Court Smacks Rail EIS - An Update
By Robert Thomas @ 5:06 PM :: 4984 Views :: Rail
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...there have been two attempts by the parties in the state court rail litigation to have the Hawaii Supreme Court reconsider its opinion....
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Monday, July 15, 2013 |
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Federal Court Strikes Down Kauai Vacation Rental Rules
By Robert Thomas @ 4:22 PM :: 6504 Views :: Kauai County, Tourism
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The court concluded that the Charter amendment adopted by the voters was, in reality, a prohibited zoning initiative....
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Saturday, July 13, 2013 |
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Hawaii Reapportionment: ‘Supreme Court Will be Interested’
By Robert Thomas @ 11:52 AM :: 4963 Views :: Office of Elections
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We always believed that the issues in this case merited resolution by the U.S. Supreme Court....
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Wednesday, June 19, 2013 |
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Full Text: Hawaii Democrats' Lawsuit Demanding Closed Primary
By Robert Thomas @ 4:03 AM :: 7973 Views :: Democratic Party, First Amendment, Office of Elections
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Here are the Complaint and the Motion for Partial Summary Judgment and Preliminary Injunction, filed yesterday....
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Tuesday, June 18, 2013 |
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Supreme Court to Review Kawaiahao Church Cemetery Case
By Robert Thomas @ 1:43 AM :: 8014 Views :: Akaka Bill, Land Use, OHA
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What's the difference, if any, between a "cemetery" and a burial....
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Friday, June 14, 2013 |
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Hawaii Appeals Court Thwarts State's Massive Land Grab
By Robert Thomas @ 8:06 PM :: 7666 Views :: Judiciary, Land Use
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the State of Hawaii's attempted land grab would have undermined the sanctity of all Land Court titles....
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Thursday, June 6, 2013 |
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9th Circuit Debates Seizure of Abandoned Property from Homeless Camps
By Robert Thomas @ 8:33 PM :: 4805 Views :: Homelessness
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Will LA vs Lavan have a direct impact on Honolulu's "stored property" ordinance?
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Tuesday, June 4, 2013 |
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Losing One Of The Good Guys
By Robert Thomas @ 7:21 PM :: 7767 Views :: National News, Agriculture, Hawaii History
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...Bob Fletcher, who saved farms of interned Japanese Americans, dies at 101....
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