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Entries for 'Robert Thomas'
Wednesday, May 15, 2013 |
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Aloha Tower Case Tests 'Private Attorney General' Before Supreme Court
By Robert Thomas @ 10:02 PM :: 5973 Views :: Development, Judiciary
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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 |
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Lodestar: Plaintiff Attorneys Awarded Fees in Rail Iwi Case
By Robert Thomas @ 10:16 AM :: 9356 Views :: Development, Judiciary, Land Use, Rail
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the "private attorney general" doctrine...allows a prevailing party to recover fees and costs....
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Tuesday, April 30, 2013 |
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9th Circuit: Tribal Courts Have Civil Jurisdiction Over Non-Indians
By Robert Thomas @ 12:20 AM :: 5599 Views :: Akaka Bill
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...you can only go to federal court after you've exhausted your tribal court remedies....
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Thursday, April 18, 2013 |
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Property Seized by Mayor: Supreme Court Declines to Hear Guam Case
By Robert Thomas @ 1:15 AM :: 5994 Views :: Judiciary, Land Use
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...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 |
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Land Use: Making an Environment for Those With Means
By Robert Thomas @ 1:05 PM :: 11955 Views :: Environment, Development, Judiciary, Land Use, Cost of Living
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...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 |
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No ‘Constitutional Right’ to Leave Unattended Property on the Street
By Robert Thomas @ 1:03 PM :: 5576 Views :: Homelessness
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The Ninth Circuit’s Opinion jeopardizes local governments’ ability to act for the benefit of all their citizens....
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Monday, April 1, 2013 |
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Hawaii Impact? Supreme Court Rejects Texas Reapportionment Case
By Robert Thomas @ 1:32 PM :: 7597 Views :: National News, Office of Elections
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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 |
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ICA Hears Case Challenging State Ownership of Mineral, Geothermal Rights
By Robert Thomas @ 4:09 AM :: 8049 Views :: Judiciary, Land Use
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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 |
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Guam Mayor Seizes Neighbor's Land for Driveway
By Robert Thomas @ 11:34 PM :: 5388 Views :: Land Use
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...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 |
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Food Fight: Environmentalist Top Chef Supports Oyster Farmer Against Other Enviros
By Robert Thomas @ 11:44 PM :: 5293 Views :: Environment, Small Business
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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 |
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UH Federalist Society: "Litigating for Liberty: Non-traditional Public Interest Law."
By Robert Thomas @ 1:34 PM :: 6668 Views :: Judiciary, Land Use
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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 |
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Enviro Lawyers Off Target With Criticism Of Callies, Says Callies
By Robert Thomas @ 4:33 PM :: 8558 Views :: Environment, Judiciary, Land Use
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...the environmental lawyers upped the ante by calling Callies a liar and a sell-out....
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Sunday, March 3, 2013 |
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Hawaii Precedent? 'Sidewalk Property' Decision Appealed to Supreme Court
By Robert Thomas @ 3:34 AM :: 7024 Views :: Honolulu County, Homelessness
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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 |
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HNL Planning Director: "Public, Along With Private Property Rights, Are Our Top Priority"
By Robert Thomas @ 3:28 AM :: 6444 Views :: Honolulu County, Land Use
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...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 |
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Video: The PLDC And Property Rights In Hawaii - A Panel Discussion
By Robert Thomas @ 3:20 AM :: 6421 Views :: Environment, Land Use
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... University of Hawaii Law School panel about "The PLDC and Property Rights in Hawaii"....
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Thursday, February 28, 2013 |
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Status Of Appeal Of Land Use Commission’s Koa Ridge Approval
By Robert Thomas @ 12:15 PM :: 8435 Views :: Agriculture, Land Use
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...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 |
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Reapportionment: Plaintiffs Attorneys Back SB286
By Robert Thomas @ 5:29 PM :: 7566 Views :: Office of Elections
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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 |
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Upcoming Event: The PLDC and Property Rights in Hawaii
By Robert Thomas @ 3:01 PM :: 6192 Views :: Land Use
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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 |
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Do Property Rights Matter When the Environment is Going to Hell in a Handbasket?
By Robert Thomas @ 1:49 PM :: 6256 Views :: Environment, Land Use
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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 |
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Antolini vs Callies: Moon Court Favored Public Participation, not Environmentalists
By Robert Thomas @ 7:47 PM :: 8019 Views :: Environment, Judiciary
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...the court's environmental jurisprudence wasn't so much focused on outcome, but rather on process....
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Saturday, February 9, 2013 |
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SLAPP, Love, and Retaliation: Kauai County Attorney Nominee in Court
By Robert Thomas @ 3:04 PM :: 5896 Views :: Kauai County
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...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 |
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Upcoming Hawaii Appellate Arguments Of Interest
By Robert Thomas @ 9:31 PM :: 4058 Views :: Judiciary
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The oral argument calendar of the Hawaii Supreme Court looks pretty interesting....
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Friday, February 1, 2013 |
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Nobriga vs DHHL: Some Days You Get the Bull
By Robert Thomas @ 7:05 PM :: 8204 Views :: Agriculture, Land Use
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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 |
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Celebrity Incentive To Move To Hawaii: We'll Give You An "Inoffensive" Space
By Robert Thomas @ 6:56 PM :: 5685 Views :: First Amendment
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"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 |
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The Empire Strikes Back: Reaction To UH Lawprof's Study Of Success Rates In Hawaii Supreme Court Cases
By Robert Thomas @ 12:56 AM :: 9691 Views :: Environment, Development, Judiciary
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...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 |
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Hawaii Intermediate Court of Appeals Clarifies Zoning Appeals
By Robert Thomas @ 1:03 AM :: 6092 Views :: Land Use
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...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 |
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Hawaii Supreme Court to Hear Another Shoreline Case
By Robert Thomas @ 9:34 PM :: 7403 Views :: Judiciary, Land Use
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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 |
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Callies: Moon Court Favored 'Select Interest Groups and Factions'
By Robert Thomas @ 5:24 PM :: 4848 Views
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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 |
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Pretextural Takings: Will Supreme Court Hear Guam Case?
By Robert Thomas @ 7:07 PM :: 8865 Views :: National News, Judiciary, Land Use
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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 |
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Supreme Court Agrees to Hear Sierra Club Koa Ridge Challenge
By Robert Thomas @ 4:10 PM :: 10454 Views :: Environment, Judiciary, Land Use
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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 |
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Private Attorney General? Hawaii ICA Says 'No'
By Robert Thomas @ 10:41 PM :: 5973 Views :: Judiciary
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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 |
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Honolulu Rail Remedy - Phasers On Minimal
By Robert Thomas @ 2:40 PM :: 5956 Views :: Rail
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Next step the Ninth Circuit?
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Sunday, December 23, 2012 |
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Two Hawaii Supreme Court Cases to Watch
By Robert Thomas @ 3:35 PM :: 8522 Views :: Ethics, Judiciary, Land Use
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- Blake v. County of Kauai Planning Comm'n,
- Kanahele v. Maui County Council
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Thursday, December 20, 2012 |
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Update on the Federal Court Rail Project Challenge
By Robert Thomas @ 4:21 AM :: 7199 Views :: Rail
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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 |
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Hawaii County: In Election Cases, Time Deadlines Matter
By Robert Thomas @ 2:30 PM :: 7227 Views :: Hawaii County , Office of Elections
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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 |
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Inouye Successor Will Face Election in 2014
By Robert Thomas @ 6:19 PM :: 8826 Views :: Congressional Delegation, Hawaii State Government, Politicians
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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 |
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Court: Kawaiahao Subject to Burial Council
By Robert Thomas @ 12:59 AM :: 5928 Views :: Land Use
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...Kawaiahao Church in Honolulu is not exempt from historic preservation review....
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Saturday, December 15, 2012 |
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Supreme Court Slaps Down Maui County Takings Claim
By Robert Thomas @ 12:41 AM :: 7530 Views :: Maui County, Land Use
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...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 |
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Guam: Mayor Seizes Neighbor's Land
By Robert Thomas @ 12:29 AM :: 7427 Views :: National News, Land Use
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...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 |
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ICA Mandates 'Contested Case' for Water Disputes
By Robert Thomas @ 7:26 PM :: 6433 Views :: Environment, Land Use
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...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 |
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Lahaina: Is Halloween a Land Use Issue?
By Robert Thomas @ 4:24 PM :: 6263 Views :: Energy, Environment
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...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 |
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Maui Case Tests Conflicts Between Zoning and Planning
By Robert Thomas @ 10:04 PM :: 10286 Views :: Kauai County, DHHL, Energy, Environment
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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 |
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Honolulu Rail: Set Phasers On Stun
By Robert Thomas @ 5:49 PM :: 7309 Views :: Maui County, Education K-12
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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 |
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Saturday, September 29, 2012 |
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Hanalei: Billionaire Pierre Omidyar Pushes for Resort Development
By Robert Thomas @ 11:57 PM :: 8914 Views :: Kauai County, Development, Land Use, Pierre Omidyar
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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 |
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Honolulu Homeless Law Not Affected by Court Ruling
By Robert Thomas @ 10:13 PM :: 7269 Views :: Maui County, Education K-12
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...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 |
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Friday, September 14, 2012 |
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Update on the Federal Court Challenge to Rail
By Robert Thomas @ 11:34 PM :: 8198 Views :: Maui County, Education K-12
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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 |
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Does Hawaii Need An "Environmental Court?" - Doesn't It Already Have One?
By Robert Thomas @ 2:16 AM :: 11425 Views :: Kauai County, DHHL, Energy, Environment
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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 |
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New Complaint Challenging Kauai's Limit On Visitor Units
By Robert Thomas @ 2:08 AM :: 8503 Views :: Honolulu County, Democratic Party
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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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