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Entries for 'Robert Thomas'

Monday, April 1, 2013
Hawaii Impact? Supreme Court Rejects Texas Reapportionment Case
By Robert Thomas @ 1:32 PM :: 6937 Views :: National News, Office of Elections
This morning, the Supreme Court released the order with the results of last Friday's conference, revealing the Court has declined to review Lepak v. City of Irving....
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Thursday, March 28, 2013
ICA Hears Case Challenging State Ownership of Mineral, Geothermal Rights
By Robert Thomas @ 4:09 AM :: 7380 Views :: Judiciary, Land Use
HAWICA Appeal: Is A Mineral Right An Inherent Servitude, Or Must It Be Reflected In ‘Torrens Title’?
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Thursday, March 21, 2013
Guam Mayor Seizes Neighbor's Land for Driveway
By Robert Thomas @ 11:34 PM :: 4925 Views :: Land Use
...an Agana, Guam property owner is alleging that a taking of his residential property so that his neighbor (the former mayor of Agana) could have a driveway....
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Sunday, March 17, 2013
Food Fight: Environmentalist Top Chef Supports Oyster Farmer Against Other Enviros
By Robert Thomas @ 11:44 PM :: 4792 Views :: Environment, Small Business

Undercutting the trope that the lawsuit by a Marin County, California oyster farm to keep operating is all a right-wing plot ....

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Friday, March 15, 2013
UH Federalist Society: "Litigating for Liberty: Non-traditional Public Interest Law."
By Robert Thomas @ 1:34 PM :: 6134 Views :: Judiciary, Land Use

Scott Bullock, the Institute for Justice lawyer who argued Kelo will be speaking next Monday at the University of Hawaii School of Law ....

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Thursday, March 7, 2013
Enviro Lawyers Off Target With Criticism Of Callies, Says Callies
By Robert Thomas @ 4:33 PM :: 7852 Views :: Environment, Judiciary, Land Use

...the environmental lawyers upped the ante by calling Callies a liar and a sell-out....

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Sunday, March 3, 2013
Hawaii Precedent? 'Sidewalk Property' Decision Appealed to Supreme Court
By Robert Thomas @ 3:34 AM :: 6439 Views :: Honolulu County, Homelessness

The Hawaii section of the petition points out a federal lawsuit filed in December 2012 alleging that the City and County of Honolulu violated the due process rights of "De-Occupy Honolulu"....

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Sunday, March 3, 2013
HNL Planning Director: "Public, Along With Private Property Rights, Are Our Top Priority"
By Robert Thomas @ 3:28 AM :: 5869 Views :: Honolulu County, Land Use

...In "City followed law in issuing Hao Street development permit," he makes some good points we don't usually see being made by government officials....

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Sunday, March 3, 2013
Video: The PLDC And Property Rights In Hawaii - A Panel Discussion
By Robert Thomas @ 3:20 AM :: 5924 Views :: Environment, Land Use

... University of Hawaii Law School panel about "The PLDC and Property Rights in Hawaii"....

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Thursday, February 28, 2013
Status Of Appeal Of Land Use Commission’s Koa Ridge Approval
By Robert Thomas @ 12:15 PM :: 7611 Views :: Agriculture, Land Use

...it is difficult if not impossible to overturn a land use district boundary amendment as contrary to IAL designation, when it does not yet exist...

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Monday, February 25, 2013
Reapportionment: Plaintiffs Attorneys Back SB286
By Robert Thomas @ 5:29 PM :: 6898 Views :: Office of Elections

We are testifying in strong support of S.B. 286, which amends Hawaii Revised Statutes § 25-2 to define “permanent resident” for purposes of state reapportionment and redistricting as any person counted as a “usual resident” of Hawaii by the U.S. Census....

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Thursday, February 21, 2013
Upcoming Event: The PLDC and Property Rights in Hawaii
By Robert Thomas @ 3:01 PM :: 5659 Views :: Land Use

Tuesday, February 26, 2013 from 7:15 - 8:30 p.m., at the University of Hawaii Law School ....

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Sunday, February 17, 2013
Do Property Rights Matter When the Environment is Going to Hell in a Handbasket?
By Robert Thomas @ 1:49 PM :: 5780 Views :: Environment, Land Use

Presented by the Environmental Law Program and the Federalist Society at 12:15 p.m. in CR1 at UH Richardson Law School Thursday, February 21....

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Wednesday, February 13, 2013
Antolini vs Callies: Moon Court Favored Public Participation, not Environmentalists
By Robert Thomas @ 7:47 PM :: 7311 Views :: Environment, Judiciary

...the court's environmental jurisprudence wasn't so much focused on outcome, but rather on process....

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Saturday, February 9, 2013
SLAPP, Love, and Retaliation: Kauai County Attorney Nominee in Court
By Robert Thomas @ 3:04 PM :: 5461 Views :: Kauai County

...Five of his brothers and sisters opposed his appointment and not only communicated with the Mayor and county council to voice their thoughts, but filed a complaint with the attorney disciplinary board....

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Thursday, February 7, 2013
Upcoming Hawaii Appellate Arguments Of Interest
By Robert Thomas @ 9:31 PM :: 3690 Views :: Judiciary

The oral argument calendar of the Hawaii Supreme Court  looks pretty interesting.... 

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Friday, February 1, 2013
Nobriga vs DHHL: Some Days You Get the Bull
By Robert Thomas @ 7:05 PM :: 7466 Views :: Agriculture, Land Use

Did you know that as a Hawaii landowner you own all unmarked or unbranded cattle, horses, mules, donkeys, sheep, goats, and swine, over twelve months of age, which may be running wild on your land?

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Friday, February 1, 2013
Celebrity Incentive To Move To Hawaii: We'll Give You An "Inoffensive" Space
By Robert Thomas @ 6:56 PM :: 5156 Views :: First Amendment

"The preamble to the bill specifically mentions celebrities but nothing is said about limiting the act to celebrities and paparazzi."

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Tuesday, January 29, 2013
The Empire Strikes Back: Reaction To UH Lawprof's Study Of Success Rates In Hawaii Supreme Court Cases
By Robert Thomas @ 12:56 AM :: 8716 Views :: Environment, Development, Judiciary

...the good professor labeled the record of the 1993-2010 Hawaii Supreme Court on property issues "appalling," so it should come as no surprise that two of the beneficiaries of those rulings have now rallied to that court's defense....

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Sunday, January 27, 2013
Hawaii Intermediate Court of Appeals Clarifies Zoning Appeals
By Robert Thomas @ 1:03 AM :: 5643 Views :: Land Use

...a "zoning verification" by the Director of the City and County's Department of Planning and Permitting is not a "decision of the Director"....

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Friday, January 18, 2013
Hawaii Supreme Court to Hear Another Shoreline Case
By Robert Thomas @ 9:34 PM :: 6800 Views :: Judiciary, Land Use

The Hawaii Supreme Court has accepted certiorari and agreed to review the Intermediate Court of Appeals' unpublished memorandum opinion in Diamond v. Dobbin....

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Thursday, January 10, 2013
Callies: Moon Court Favored 'Select Interest Groups and Factions'
By Robert Thomas @ 5:24 PM :: 4538 Views

In case after case, the Moon Court has strained to apply general and often vague goals pursued by select interest groups and factions regardless of statutory law to the contrary....

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Wednesday, January 9, 2013
Pretextural Takings: Will Supreme Court Hear Guam Case?
By Robert Thomas @ 7:07 PM :: 8082 Views :: National News, Judiciary, Land Use

NFIB, CATO Instiutute, Owners' Counsel of America, and lawprofs James Ely, David Callies, Todd Zywicki, Randy Barnett, Eric Claeys, and D. Benjamin Barros -- have filed an amicus brief ....

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Friday, January 4, 2013
Supreme Court Agrees to Hear Sierra Club Koa Ridge Challenge
By Robert Thomas @ 4:10 PM :: 9840 Views :: Environment, Judiciary, Land Use

Intermediate Court of Appeals held that the Hawaii Senate's failure to confirm a sitting Land Use Commissioner for a second term did not disqualify him from office ....

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Thursday, January 3, 2013
Private Attorney General? Hawaii ICA Says 'No'
By Robert Thomas @ 10:41 PM :: 5520 Views :: Judiciary

In 2009, in the "Superferry" case, the Hawaii Supreme Court, after years of hinting (but not finding a suitable vehicle), formally adopted the "private attorney general' doctrine ....

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Sunday, December 30, 2012
Honolulu Rail Remedy - Phasers On Minimal
By Robert Thomas @ 2:40 PM :: 5494 Views :: Rail

Next step the Ninth Circuit?

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Sunday, December 23, 2012
Two Hawaii Supreme Court Cases to Watch
By Robert Thomas @ 3:35 PM :: 7877 Views :: Ethics, Judiciary, Land Use
  • Blake v. County of Kauai Planning Comm'n,
  • Kanahele v. Maui County Council
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Thursday, December 20, 2012
Update on the Federal Court Rail Project Challenge
By Robert Thomas @ 4:21 AM :: 6724 Views :: Rail

Litigation is nearing the "end game" regarding the adequacy of the final environmental impact statement (FEIS) and record of decision (ROD)....

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Wednesday, December 19, 2012
Hawaii County: In Election Cases, Time Deadlines Matter
By Robert Thomas @ 2:30 PM :: 6669 Views :: Hawaii County , Office of Elections

The case involved a challenge to the charter's requirement that a candidate for public office be a resident of the district in which she intends to run for at least 90 days ....

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Tuesday, December 18, 2012
Inouye Successor Will Face Election in 2014
By Robert Thomas @ 6:19 PM :: 8052 Views :: Congressional Delegation, Hawaii State Government, Politicians

Pending the election, the governor shall make a temporary appointment to fill the vacancy by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent....

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Saturday, December 15, 2012
Court: Kawaiahao Subject to Burial Council
By Robert Thomas @ 12:59 AM :: 5440 Views :: Land Use

...Kawaiahao Church in Honolulu is not exempt from historic preservation review....

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Saturday, December 15, 2012
Supreme Court Slaps Down Maui County Takings Claim
By Robert Thomas @ 12:41 AM :: 6931 Views :: Maui County, Land Use

...the ICA held that property owners ... are not required to seek an amendment to the Community Plan in order to ripen their takings claims....

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Saturday, December 15, 2012
Guam: Mayor Seizes Neighbor's Land
By Robert Thomas @ 12:29 AM :: 6765 Views :: National News, Land Use

...the government condemned the appraised area, paying for it with compensation supplied by the Ungactas, and transferred it to the Ungactas....

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Monday, December 3, 2012
ICA Mandates 'Contested Case' for Water Disputes
By Robert Thomas @ 7:26 PM :: 5866 Views :: Environment, Land Use

...The Hawaii Intermediate Court of Appeals held in this unpublished memorandum order that the Commission must hold a "contested case" hearing upon demand....

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Monday, November 19, 2012
Lahaina: Is Halloween a Land Use Issue?
By Robert Thomas @ 4:24 PM :: 5758 Views :: Energy, Environment

...County of Maui approved a coastal zone permit allowing a Halloween party to go forward in Lahaina, and someone was against it....

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Friday, November 16, 2012
Maui Case Tests Conflicts Between Zoning and Planning
By Robert Thomas @ 10:04 PM :: 9560 Views :: Kauai County, DHHL, Energy, Environment

The owners want to build homes, which is consistent with the zoning but which cannot be built on a 1/2 acre parcel designated "Park."

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Friday, November 2, 2012
Honolulu Rail: Set Phasers On Stun
By Robert Thomas @ 5:49 PM :: 6729 Views :: Maui County, Education K-12

Today's Order gave some clues about whether the court would conclusively halt the project, but deferred a ruling until December....  

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Thursday, November 1, 2012
Fed Court Ruling: City Failed To Consider Alternatives To Rail
By Robert Thomas @ 7:57 PM :: 5895 Views :: Maui County, Education K-12

Full Text Federal Court Order 

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Saturday, September 29, 2012
Hanalei: Billionaire Pierre Omidyar Pushes for Resort Development
By Robert Thomas @ 11:57 PM :: 7853 Views :: Kauai County, Development, Land Use, Pierre Omidyar

The developer touts the proposed resort as "the most environmentally and culturally responsible visitor-oriented project ever to be proposed in the state."

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Friday, September 28, 2012
Honolulu Homeless Law Not Affected by Court Ruling
By Robert Thomas @ 10:13 PM :: 6706 Views :: Maui County, Education K-12

...a 2-1 Ninth Circuit panel held that the Fourth and Fourteenth Amendments protect the homeless against the City of L.A.'s seizure and destruction of their "momentarily unattended" property....

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Friday, September 28, 2012
Zoning Enforcement On Kauai - A Rice Cooker Is A Kitchen?
By Robert Thomas @ 10:06 PM :: 8434 Views :: Honolulu County, Democratic Party

Rice-cooker...

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Friday, September 14, 2012
Update on the Federal Court Challenge to Rail
By Robert Thomas @ 11:34 PM :: 7500 Views :: Maui County, Education K-12

Litigation continues over the adequacy of the final environmental impact statement (FEIS) for Honolulu’s rail rapid transit project....

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Saturday, September 1, 2012
Does Hawaii Need An "Environmental Court?" - Doesn't It Already Have One?
By Robert Thomas @ 2:16 AM :: 9321 Views :: Kauai County, DHHL, Energy, Environment

Apparently, there is an effort to get the Judiciary or the Legislature to form another court with specialized jurisdiction....

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Saturday, September 1, 2012
New Complaint Challenging Kauai's Limit On Visitor Units
By Robert Thomas @ 2:08 AM :: 6418 Views :: Honolulu County, Democratic Party

 The complaint asserts that the County has no legitimate interest in restricting tourists or part time residents, and that the charter amendment is a zoning regulation that cannot be adopted by the voters ....

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Monday, August 27, 2012
Enviros win 90% in Hawaii Supreme Court
By Robert Thomas @ 5:43 PM :: 20516 Views :: Environment, Development, Hawaii Statistics, Judiciary, Land Use

...the Hawaii Supreme Court "has managed to find in favor of Sierra Club, Friends of the Earth, Earthjustice ... 90% of the time, 70% of those decisions overturning the [Hawaii] Intermediate Court of Appeals....

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Saturday, August 25, 2012
Koa Ridge: Holdover Land Use Commissioner Not Disqualified
By Robert Thomas @ 1:50 AM :: 6499 Views :: Energy, Environment

the Hawaii Intermediate Court of Appeals held that the Hawaii Senate's failure to confirm a sitting Land Use Commissioner for a second term did not disqualify him ....

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Wednesday, August 15, 2012
Justice Kennedy: US Constitution is Part of Hawaii's Heritage
By Robert Thomas @ 9:34 PM :: 8847 Views :: Kauai County, DHHL, Energy, Environment

One of the necessary beginning points is this principle: The Constitution of the United States, too, has become the heritage of all the citizens of Hawaii.

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Wednesday, August 15, 2012
Na Wai Eha: Supreme Court Rules Against Water Commission
By Robert Thomas @ 9:22 PM :: 10180 Views :: Kauai County, DHHL, Energy, Environment

When a Hawaii Supreme Court opinion starts off waxing poetic about "Na Wai Eha" you don't need to read the remaining 88 pages to know what the ineviatable result will be....

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Tuesday, July 10, 2012
State Appeals Attorneys' Fees Award In JSC List Case
By Robert Thomas @ 6:49 PM :: 5142 Views :: Energy, Environment

Abandoning the practice of his two predecessors, the Governor refused to release the list of names of nominees transmitted to him by the Judicial Selection Commission....

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Wednesday, July 4, 2012
Is The Obamacare Decision The New Kelo?
By Robert Thomas @ 6:14 PM :: 4939 Views :: National News, Ethics

Opponents have vowed to repeal it, citing the nearly universal popular revulsion with the Court's majority decision in Kelo v. City of New London as an example where one side lost the battle, but might have secured the upper hand in the long run....

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