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Monday, January 27, 2014
Supreme Court Moves Shoreline to "Historical Evidence of Upper Wash"
By Robert Thomas @ 11:48 PM :: 5039 Views :: Land Use

Today, the Hawaii Supreme Court issued an option in Diamond v. Dobbin....

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Thursday, January 23, 2014
Hawaii Supreme Court Eases Path to Challenge Subdivision Approvals
By Robert Thomas @ 4:35 PM :: 7189 Views :: Development, Judiciary, Land Use

HAWSCT: Triggers To Administrative Appeals Must Be Clear And Noticed....

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Tuesday, January 21, 2014
Supreme Court Upholds Hawaii Redistricting Plan
By Robert Thomas @ 11:06 AM :: 5898 Views :: Military, Office of Elections

...the Court's order ends the case....

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Monday, January 13, 2014
Hawaii Supreme Court Clarifies "Final, Appealable Order" And Forgay Doctrine
By Robert Thomas @ 10:07 AM :: 4970 Views :: Judiciary

If there's one thing that keeps appellate lawyers up at night, it's jurisdictional questions....

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Saturday, January 11, 2014
The Other Shoe Drops: Kauai Anti-GMO Ordinance Challenged In Federal Court
By Robert Thomas @ 3:01 PM :: 5026 Views :: GMOs

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
Go Back To Law School: UH "J-Term" Classes Open To The Public
By Robert Thomas @ 12:31 PM :: 4198 Views :: Judiciary

some of the lectures are open to the public....

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Thursday, January 9, 2014
Hawaii Ag Law Conference Tackles GMO Issues
By Robert Thomas @ 1:29 AM :: 4447 Views :: GMOs

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
Hawaii Reapportionment: State's Exclusions not Rational
By Robert Thomas @ 3:18 PM :: 5478 Views :: Office of Elections

“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
Supreme Court Invalidates LUC Koa Ridge Reclassification
By Robert Thomas @ 11:55 PM :: 8772 Views :: Development, Judiciary, Land Use

The court concluded that the commissioner did not qualify as a valid holdover ....

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Friday, December 20, 2013
Blake v Kauai: Recktenwald Court continues Moon Court's policies
By Robert Thomas @ 2:19 PM :: 6067 Views :: Judiciary, Land Use

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
Deemed Denied? Hawaii Supreme Court Clarifies Appeal Rules
By Robert Thomas @ 10:37 PM :: 4830 Views :: Judiciary

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
Hawaii Supreme Court: Demand A Contested Case, And There's A Good Chance You'll Get One
By Robert Thomas @ 11:33 PM :: 6210 Views :: Judiciary, Land Use

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
State Hires Big Guns to Argue Reapportionment Case
By Robert Thomas @ 10:18 PM :: 4319 Views :: Office of Elections

The State has hired some very big gun Supreme Court litigators at who knows what cost....

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Tuesday, December 10, 2013
Hawaii Agriculture Conference, January 8-9, 2014
By Robert Thomas @ 3:51 PM :: 6747 Views :: Agriculture, Land Use, GMOs

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
Hawaii Trial Court: Seawall No One Wants Belongs To State
By Robert Thomas @ 9:15 PM :: 4487 Views :: Land Use

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
A Decade of Harassment: Bottled Water Battle Goes to Hawaii Supreme Court
By Robert Thomas @ 9:35 PM :: 5807 Views :: OHA, Small Business

...arguing a case in the Hawaii Supreme Court about automatic approval statutes and zoning law....

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Friday, November 15, 2013
Judge Rejects Dems Closed Primary Suit: Door Remains Open to 'As Applied' Challenge
By Robert Thomas @ 2:11 PM :: 5688 Views :: Democratic Party, Office of Elections

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
State Supreme Court Refuses to Hear Geothermal Rights Case
By Robert Thomas @ 9:37 PM :: 5289 Views :: Energy, Land Use
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
Honolulu Charter Amendment: Seize Land Within 90 Days of Council Vote
By Robert Thomas @ 1:16 PM :: 4171 Views :: Land Use

...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
State: Geothermal Rights Case 'is no minor land dispute'
By Robert Thomas @ 5:31 PM :: 5702 Views :: Energy, Land Use
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
UPDATE: Hawaii Reapportionment Case Presented to US Supreme Court
By Robert Thomas @ 7:09 PM :: 7893 Views :: Military, Office of Elections

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
Campbell Estate Files Response to State in Geothermal, Mineral Rights Case
By Robert Thomas @ 4:17 PM :: 5041 Views :: Energy, Land Use

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
Closed Primary: Party Leaders Want more ideological Democratic Party
By Robert Thomas @ 5:44 PM :: 6048 Views :: Democratic Party, Office of Elections

...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
Court Orders Abercrombie Admin to Pay Lawyers who Forced him to Reveal Names of Judicial Nominees
By Robert Thomas @ 10:32 PM :: 6038 Views :: First Amendment, Hawaii State Government, Judiciary
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
Supreme Court Asked: Who Owns Geothermal Rights in Hawaii?
By Robert Thomas @ 6:29 PM :: 6803 Views :: Energy, Land Use

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
Gill: "Lazy Democrats Might Support Other Parties" After we Close Primary
By Robert Thomas @ 3:32 PM :: 6629 Views :: Democratic Party, Office of Elections

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
Close Dem Primary? State Claims Hawaii Already has 'Vibrant Multi-Party System'
By Robert Thomas @ 2:01 AM :: 6027 Views :: Democratic Party, Office of Elections
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
Eight Years of InverseCondemnation
By Robert Thomas @ 3:16 PM :: 4634 Views :: Judiciary

... 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
"Let's Film All The Lawyers"– Hawaii’s Second Law Film Festival
By Robert Thomas @ 3:13 PM :: 6006 Views :: Judiciary, Law Enforcement
DK_Film_banner_2013.
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Thursday, August 22, 2013
Materials From Today's Eminent Domain In Hawaii Conference
By Robert Thomas @ 12:54 AM :: 4727 Views :: Land Use
13.EMDHI.
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Friday, August 16, 2013
Rail Appeal Hearing: Judges Focus on Jurisdictional Issues
By Robert Thomas @ 4:48 AM :: 5361 Views :: Rail

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
Lawsuit Challenges Honolulu 'Stored Property' Seizure from Private Property
By Robert Thomas @ 11:41 PM :: 7087 Views :: First Amendment, Homelessness, Judiciary
DSC01274.
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Wednesday, August 14, 2013
Update On Hawaii Reapportionment SCOTUS Appeal
By Robert Thomas @ 11:35 PM :: 5450 Views :: Military, Office of Elections

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
Ninth Circuit Rail Appeal Preview
By Robert Thomas @ 5:13 PM :: 4611 Views :: Rail

Here's the latest on the federal court action....

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Thursday, August 1, 2013
Hawaii Supreme Court Smacks Rail EIS - An Update
By Robert Thomas @ 5:06 PM :: 4591 Views :: Rail
...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
Federal Court Strikes Down Kauai Vacation Rental Rules
By Robert Thomas @ 4:22 PM :: 5988 Views :: Kauai County, Tourism

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
Hawaii Reapportionment: ‘Supreme Court Will be Interested’
By Robert Thomas @ 11:52 AM :: 4574 Views :: Office of Elections

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
Full Text: Hawaii Democrats' Lawsuit Demanding Closed Primary
By Robert Thomas @ 4:03 AM :: 7345 Views :: Democratic Party, First Amendment, Office of Elections

Here are the Complaint and the Motion for Partial Summary Judgment and Preliminary Injunction, filed yesterday....

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Tuesday, June 18, 2013
Supreme Court to Review Kawaiahao Church Cemetery Case
By Robert Thomas @ 1:43 AM :: 7424 Views :: Akaka Bill, Land Use, OHA

What's the difference, if any, between a "cemetery" and a burial....

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Friday, June 14, 2013
Hawaii Appeals Court Thwarts State's Massive Land Grab
By Robert Thomas @ 8:06 PM :: 7149 Views :: Judiciary, Land Use

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
9th Circuit Debates Seizure of Abandoned Property from Homeless Camps
By Robert Thomas @ 8:33 PM :: 4460 Views :: Homelessness

Will LA vs Lavan have a direct impact on Honolulu's "stored property" ordinance?

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Tuesday, June 4, 2013
Losing One Of The Good Guys
By Robert Thomas @ 7:21 PM :: 7164 Views :: National News, Agriculture, Hawaii History

...Bob Fletcher, who saved farms of interned Japanese Americans, dies at 101....

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Sunday, May 26, 2013
A Visit to Drake's Bay Oyster Farm, Epicenter of a California Food Fight
By Robert Thomas @ 5:19 PM :: 3366 Views
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Saturday, May 18, 2013
Is Anyone On The Hook If a Volcano Gawker Ends Up In Trouble?
By Robert Thomas @ 10:16 PM :: 5296 Views :: Hawaii State Government, Judiciary

...the signs are treated by visitors less as warnings and more as centerpieces of funny photographs to show the folks back home....

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Wednesday, May 15, 2013
Aloha Tower Case Tests 'Private Attorney General' Before Supreme Court
By Robert Thomas @ 10:02 PM :: 5584 Views :: Development, Judiciary
Thursday, May 16, 2013, at 9:00 a.m., the Hawaii Supreme Court will hear oral arguments in Aloha Tower Dev. Corp. v. State of Hawaii....
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Monday, May 6, 2013
Lodestar: Plaintiff Attorneys Awarded Fees in Rail Iwi Case
By Robert Thomas @ 10:16 AM :: 8746 Views :: Development, Judiciary, Land Use, Rail

the "private attorney general" doctrine...allows a prevailing party to recover fees and costs....

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Tuesday, April 30, 2013
9th Circuit: Tribal Courts Have Civil Jurisdiction Over Non-Indians
By Robert Thomas @ 12:20 AM :: 5261 Views :: Akaka Bill

...you can only go to federal court after you've exhausted your tribal court remedies....

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Thursday, April 18, 2013
Property Seized by Mayor: Supreme Court Declines to Hear Guam Case
By Robert Thomas @ 1:15 AM :: 5603 Views :: Judiciary, Land Use

...the case seemed like a good vehicle for the U.S. Supreme Court to revisit the pretext-in-eminent-domain issue it teased us with in Kelo....

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Wednesday, April 10, 2013
Land Use: Making an Environment for Those With Means
By Robert Thomas @ 1:05 PM :: 11201 Views :: Environment, Development, Judiciary, Land Use, Cost of Living
...Others can live in Hong Kong-style apartments so I can enjoy my place in the country....
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Wednesday, April 10, 2013
No ‘Constitutional Right’ to Leave Unattended Property on the Street
By Robert Thomas @ 1:03 PM :: 5130 Views :: Homelessness
The Ninth Circuit’s Opinion jeopardizes local governments’ ability to act for the benefit of all their citizens....
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