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Entries for 'Robert Thomas'

Friday, June 29, 2012
If Individual Mandate is a Tax, What is Eminent Domain?
By Robert Thomas @ 2:05 PM :: 4823 Views :: National News, Ethics

We're starting to appreciate the Chief's "functional" approach. What say we apply that same test to a legislature's statement regarding the "public use" for which it is condemning property?

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Tuesday, June 26, 2012
SCOTUS Delays Consideration Of Challenge To Hawaiian Homes Property Tax Exemption
By Robert Thomas @ 10:35 PM :: 4141 Views :: Energy, Environment

...the Court's docket entry was updated to reflect consideration of the petition at the Thursday, June 28, 2012 conference....

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Saturday, June 23, 2012
Takings: ICA Overturns Circuit Court in Leone v County of Maui
By Robert Thomas @ 1:51 PM :: 8754 Views :: Kauai County, DHHL, Energy, Environment

The trial court had determined the plaintiffs' regulatory takings claims were not ripe because they should have tried to change offending land use regulations which allegedly deprive their property of all economically beneficial uses.

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Saturday, June 23, 2012
Honolulu Premiere: "Urbanized" - Designing Cities, Working Cities
By Robert Thomas @ 1:40 PM :: 8209 Views :: Maui County, Education K-12, Energy, Environment

Urbanized (Gary Hustwit 2012), Saturday, June 23, 7:00 p.m., at R&D, 691 Auahi Street, Honolulu....

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Friday, June 15, 2012
State Appeals Court: Individuals Cannot Sue to Determine Vacation Rental in Violation
By Robert Thomas @ 6:41 PM :: 5613 Views :: Energy, Environment

a person complaining about a vacation rental cannot circumvent the City's enforcement procedures and the administrative appeal process by instituting an original jurisdiction lawsuit....

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Thursday, June 7, 2012
Supreme Court Hearing: The Next Big Hawaii Water Case
By Robert Thomas @ 4:15 PM :: 9352 Views :: Kauai County, DHHL, Energy, Environment

In re `Iao Ground Water Management Area High-Level Source Water Use Permit Applications and Petition to Amend Interim Instream Flow Standards of Waihe`e River and Waiehu, `Iao, and Waikapu Streams Contested Case Hearing, No. SCAP-30603 ....

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Thursday, June 7, 2012
DHHL Tax Case: Final Brief in Corboy v Louie
By Robert Thomas @ 4:10 PM :: 6008 Views :: Energy, Environment

case asking the U.S. Supreme Court to review the Hawaii Supreme Court's dismissal of a challenge to the property tax exemptions conferred on lessees of Hawaiian Homesteads....

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Thursday, June 7, 2012
9th Circuit: Hawaii's Regulation Of Commercial Beach Weddings Does Not Violate First Amendment
By Robert Thomas @ 4:08 PM :: 5185 Views :: Energy, Environment

The court mostly upheld the regulations, but struck down the power of government officials to revoke a permit and modify it....

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Tuesday, May 29, 2012
Obama Admin Asks Supreme Court to Reject DHHL Property Tax Challenge
By Robert Thomas @ 3:59 PM :: 6223 Views :: Energy, Environment

Perhaps the most interesting parts of the SG's brief are its recitation of Hawaii history (pages 1 - 3), and its noting of "recent and ongoing legal developments" (the State's recent legislation instituting a "process for the indigenous native people of Hawaii to reorganize as a sovereign government").

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Friday, May 25, 2012
Kaleikini v Yoshioka: Rail Project in 'Grave' Danger
By Robert Thomas @ 1:23 AM :: 11941 Views :: Maui County, Education K-12, Energy, Environment

The Hawaii Supreme Court just concluded oral arguments in Kaleikini v. Yoshioka and it does not look good for the City and the State....

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Wednesday, May 23, 2012
Oral Argument Preview: Can The Honolulu Rail EIS Be Segmented?
By Robert Thomas @ 3:01 PM :: 7746 Views :: Maui County, Education K-12, Energy, Environment

That's the question the Hawaii Supreme Court will consider this Thursday, May 24, 2012, when it hears oral arguments in Kaleikini v. Yoshioka ....

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Tuesday, May 22, 2012
Hawaii Reapportionment Case: Motion For Preliminary Injunction Denied
By Robert Thomas @ 2:47 PM :: 5737 Views :: Energy, Environment

...just issued by the three-judge district court denying the motion for preliminary injunction. More to come....

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Friday, May 18, 2012
Supreme Court Continues to Grapple with Constitutionally Protected Native Hawaiian Practices
By Robert Thomas @ 12:13 AM :: 5663 Views :: Energy, Environment

The only limit on the privilege in the text of the constitution is "the right of the State to regulate such rights."

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Friday, May 11, 2012
Full Text: Final Briefs Filed in Reapportionment Case
By Robert Thomas @ 1:02 PM :: 7423 Views :: Energy, Environment

The lawsuit argues that the Equal Protection Clause guarantees representational equality as well as voting equality....

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Tuesday, April 24, 2012
Full Text: Plaintiffs' Motion for Preliminary Injunction Against Reapportionment Plan
By Robert Thomas @ 5:43 PM :: 6980 Views :: Energy, Environment

Hawaii’s 2012 Plan is not just “substantially” different from population, it is grossly deviant.

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Friday, April 20, 2012
Bridge Aina Lea: Court Rules LUC Violated Developer's Civil Rights
By Robert Thomas @ 12:17 AM :: 7823 Views :: Hawaii County , Akaka Bill, Energy, Environment

DW Aina Lea Dev. LLC v. State of Hawaii Land Use Comm'n, No. 11--1-0112K ....

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Sunday, March 18, 2012
Trickle-Down Regulation: Environmental Maze Becomes "Stumbling Block" For The Little Guys
By Robert Thomas @ 11:07 PM :: 5641 Views :: Energy, Environment

 Thus, even purportedly green activity could be "development" after all, even if it involves a native Hawaiian fishpond....

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Thursday, February 23, 2012
VIDEO: Ilya Shapiro (Cato Institute), In Hawaii Speaking About Obamacare Supreme Court Cases
By Robert Thomas @ 8:31 PM :: 7074 Views :: Energy, Environment, National News, Ethics

"Five weeks from now, the Supreme Court is taking up the most important case it's had since Brown vs. Board of Education."

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Thursday, February 23, 2012
Book Review: Callies, Regulating Paradise (2d ed. 2010)
By Robert Thomas @ 8:26 PM :: 6566 Views :: Energy, Environment

Regulatingparadise...

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Thursday, February 23, 2012
"Nonresident" Property Owners Must Employ Property Managers For TVRs?
By Robert Thomas @ 8:08 PM :: 7993 Views :: Energy, Environment

HB1707 and SB2089 will require "nonresident" property owners who rent their property for thirty days or less (transient vacation rentals) to use a licensed real estate broker to rent the property, and to employ a property manager to operate it....

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Sunday, February 12, 2012
Supreme Court Decision Clarifies Line Between Discipline and Abuse
By Robert Thomas @ 5:52 PM :: 5973 Views :: Energy, Environment

The court held that "parents have a constitutional right to discipline children...."

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Wednesday, January 18, 2012
Do-Over Sought In Hawaii Reapportionment Case
By Robert Thomas @ 2:56 PM :: 6040 Views :: Energy, Environment

The Commission has now sought "clarification and/or reconsideration," first asking the court for more guidance on the method of "extracting" non-permanent residents from the population base and the procedure for preparing a new plan, and second arguing that the inability to separate resident and nonresident military personnel makes the court's requirement that the Commission do so unconstitutional under the equal protection clause. 

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Saturday, January 14, 2012
Supreme Court Keeps East Maui Water Case Alive
By Robert Thomas @ 11:44 PM :: 9894 Views :: Kauai County, DHHL, Energy, Environment

The court concluded the ICA has appellate jurisdiction because the Acting Deputy Director to the Chairperson of the Board of Land and Natural Resources certified the Water Commission minutes by signing them....

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Friday, January 6, 2012
HAWSCT: "Best Efforts" Are Not Good Enough In Reapportionment. But...
By Robert Thomas @ 1:55 AM :: 6247 Views :: Energy, Environment

No one exiting the Hawaii Supreme Court courtroom yesterday after oral arguments in the redistricting cases should have had much doubt about what the court was going to do....

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Saturday, December 31, 2011
Exclusive Hawaii Premiere: Battle for Brooklyn, Academy Award Contending Documentary About Eminent Domain
By Robert Thomas @ 8:02 PM :: 7904 Views :: Energy, Environment, National News, Ethics

On January 3 and 4, 2012, at 1:00 and 7:30 p.m. each day, the Honolulu Academy of Arts Doris Duke Theater is presenting the Hawaii premiere of Battle For Brooklyn, the Academy Award-contending documentary about the Atlantic Yards eminent domain fight....

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Saturday, December 31, 2011
Hawaii Ct App Upholds Attorneys Fees And Costs For Eminent Domain Appeals
By Robert Thomas @ 7:58 PM :: 5770 Views :: Energy, Environment

The ICA relied on County of Hawaii v. C&J Coupe Family Ltd. P'ship, which held that if an eminent domain action is dismissed or otherwise fails, the property owner is entitled to recover the attorneys' fees and costs it incurs in the case....

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Monday, December 12, 2011
Supreme Court asks for Federal Input on Challenge to Hawaii Admission Act, Hawaiian Homes Commission Act
By Robert Thomas @ 3:13 PM :: 8281 Views :: Energy, Environment, National News, Ethics

Today was the day we were to have found out whether the Supreme Court would review Corboy v. Louie....

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Sunday, December 11, 2011
"Accretion," Hawaii Style
By Robert Thomas @ 12:39 AM :: 9555 Views :: Hawaii County , Akaka Bill, Energy, Environment

Who owns the new land created when lava flows over private property and into the sea and hardens into fast land?

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Tuesday, November 29, 2011
US Supreme Court to Decide Whether to Hear Lawsuit Challenging DHHL, Admission Act
By Robert Thomas @ 1:43 AM :: 7320 Views :: Energy, Environment, National News, Ethics

At its December 9, 2011 conference, the U.S. Supreme Court will consider whether to review Corboy v. Louie....

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Saturday, November 26, 2011
Hawaii Supreme Court to Consider Limit of Parental Discipline
By Robert Thomas @ 4:52 PM :: 6690 Views :: Energy, Environment

...what standards govern the Family Court's evaluation of an application for a civil TRO in light of a parent's fundamental right to discipline his or her children (which includes the right to use reasonable corporal punishment)....

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Sunday, November 13, 2011
Potemkin Village, Hawaiian Style?
By Robert Thomas @ 1:09 PM :: 6492 Views :: Energy, Environment

In Opportunity comes ashore, the daily paper reports that among other things, they wanted the world to see Hawaii as a good place to do business....

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Tuesday, November 8, 2011
Full Text: Abercrombie Admin Defends Judicial Selection Secrecy in Court
By Robert Thomas @ 1:22 AM :: 5395 Views :: Energy, Environment

Governor Abercrombie filed his opposition to the Star-Advertiser's motion for summary judgment, and his own cross-motion for summary judgment in the case in which the Star-Advertiser seeks disclosure of the Judicial Selection Commission list from the Governor

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Saturday, October 29, 2011
Superferry: Honolulu Lawyer Dissects Civil Beat’s Latest “Fact Check” Debacle
By Robert Thomas @ 10:39 AM :: 6184 Views :: Energy, Environment

Attempting to "fact check" an opinion is a fool's errand.

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Thursday, October 27, 2011
US Supreme Court asked to Decide Constitutionality of Cash Payments for Development Approvals
By Robert Thomas @ 5:29 PM :: 7232 Views :: Energy, Environment, National News, Ethics

There is a better-than-usual chance that the Supreme Court will agree to review the case, since the Ninth Circuit’s decision squarely conflicts with decisions by the California and Texas Supreme Courts....

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Saturday, October 22, 2011
FULL TEXT: Motion For Summary Judgment Forcing Disclosure of Abercrombie’s Judicial Nominees
By Robert Thomas @ 2:21 AM :: 5622 Views :: Energy, Environment

...motion for summary judgment in the case which seeks disclosure of the JSC list from the Governor....

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Saturday, October 8, 2011
Climate Change and Regulatory Takings in Coastal Hawaii
By Robert Thomas @ 11:26 PM :: 6291 Views :: Energy, Environment

The Center for Island Climate Adaptation and Policy (“ICAP”) at the UH Sea Grant College Program has prepared this paper to examine the interactions among climate change, the regulation of shoreline development in Hawai‘i, and Constitutional law regarding unpermitted takings of private property for public benefit

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Thursday, October 6, 2011
State of Hawaii to SCOTUS: Protect Property Rights from "Overreaching Federal Regulation"
By Robert Thomas @ 7:42 PM :: 9004 Views :: Energy, Environment, National News, Ethics

Precluding pre-enforcement judicial review buttresses a regime where EPA has assumed the authority to enjoin development by issuing unreviewable compliance orders. Such a result is repugnant to the core principle in the Due Process Clause that "[n]o person shall be deprived of life, liberty, or property, without due process of law."

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Sunday, October 2, 2011
US Supreme Court Asked to Decide: Is Hawaiian Homes Property Tax Exemption Racial Discrimination?
By Robert Thomas @ 12:02 AM :: 7465 Views :: Energy, Environment, National News, Ethics

In a cert petition filed September 15, five Hawaii taxpayers argue that they have standing to challenge the constitutionality of property tax exemptions conferred on lessees of Hawaiian Homesteads.

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Tuesday, August 30, 2011
Lawyer: US Supreme Court needs to Hear Hokulia Bypass Case
By Robert Thomas @ 7:05 PM :: 10774 Views :: Hawaii County , Akaka Bill, Energy, Environment, National News, Ethics

Today, we filed the Reply Brief in the case that asks: after Kelo, when is eminent domain pretextual?

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Thursday, August 25, 2011
Full Text: Star-Adv Suit hits Abercrombie Secrecy on Judicial Nominees
By Robert Thomas @ 12:58 PM :: 5849 Views :: Energy, Environment

...the Honolulu Star-Advertiser filed a Complaint asking the circuit court to order the Governor to publicly release the list of judicial nominees presented to him by the Judicial Selection Commission, now that the Hawaii Senate has consented to the Governor's appointment of Justice McKenna....

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Tuesday, August 23, 2011
US Supreme Court will soon decide whether to hear Hokulia Bypass Case
By Robert Thomas @ 2:48 AM :: 9565 Views :: Hawaii County , Akaka Bill, Energy, Environment, National News, Ethics

Last week the developer and the County of Hawaii filed their joint Brief in Opposition in C & J Coupe Family Limited Partnership v. County of Hawaii....

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Friday, July 29, 2011
Full Text: State LUC moves for dismissal of Bridge Aina Lea Suit
By Robert Thomas @ 9:41 PM :: 11605 Views :: Hawaii County , Akaka Bill, Energy, Environment

Here's the latest in a case we've been following. In Bridge Aina Lea, LLC v. State of Hawaii Land Use Comm'n....

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Monday, July 18, 2011
Hokulia Bypass Case Appealed to US Supreme Court
By Robert Thomas @ 7:38 PM :: 13813 Views :: Hawaii County , Akaka Bill, Energy, Environment, National News, Ethics

On July 14, 2011, we filed a cert petition, which asks the U.S. Supreme Court to review the Hawaii Supreme Court's decision in County of Hawaii v. C&J Coupe Family Ltd. P'ship....

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Tuesday, June 21, 2011
Developer sues LUC for downzoning affordable homes already built
By Robert Thomas @ 2:25 AM :: 10911 Views :: Hawaii County , Akaka Bill, Energy, Environment

...the Land Use Commission changed the land use boundaries from "urban use to agricultural use while affordable housing was being constructed on the property."

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Friday, May 27, 2011
189 Properties in Rail’s Path: Myths about Eminent Domain
By Robert Thomas @ 11:51 AM :: 10399 Views :: Maui County, Education K-12, Energy, Environment, National News, Ethics

...legal issues that the rail project will involve, include eminent domain, environmental questions, and the relationship with the newly-created Honolulu Authority for Rapid Transit (HART), an agency within city government to oversee the project....

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Friday, May 27, 2011
Attorney: Seizure of Molokai Ranch for Windfarm may be illegal
By Robert Thomas @ 11:42 AM :: 10356 Views :: Kauai County, DHHL, Energy, Environment

When the government chooses a preferred beneficiary before it condemns, the taking looks a lot more like the prohibited "A-to-B" taking that the Court professes to frown upon....

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Sunday, February 13, 2011
Supreme Court to hear Case: Do elected officials with Conflict of Interest have a right to vote?
By Robert Thomas @ 3:20 PM :: 6466 Views :: National News, Ethics

The U.S. Supreme Court has agreed to decide a case about whether state laws which require elected officials to recuse themselves from considering matters on which they appear to have conflicts of interest, impermissibly infringe upon the officials' First Amendment rights.

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Tuesday, January 25, 2011
Ceded Lands Decision Author Justice Samuel Alito to speak at Hawaii Supreme Court Wednesday
By Robert Thomas @ 7:25 PM :: 10418 Views :: Maui County, Education K-12, Energy, Environment, National News, Ethics

Justice Alito's most "Hawaii-centric" opinion was in Hawaii v. Office of Hawaiian Affairs, 129 S. Ct. 1436 (2009), where he authored the opinion for a unanimous Court. In that case, the Court held that the United States held "absolute fee simple" title to Hawaii's ceded lands, and that Congress' 1992 Apology Resolution had no legal effect.

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Wednesday, November 10, 2010
US Supreme Court refuses to hear Hawaii beach accretion case
By Robert Thomas @ 10:24 PM :: 9881 Views :: Maui County, Education K-12, Energy, Environment, National News, Ethics

The denial of cert by the U.S. Supreme Court means that until the Hawaii Supreme Court confirms or rules otherwise in a future case, the ICA's rule that "unvested" rights or "contingent future interests" are not property and are subject to uncompensated acquisition by the legislature, is the law.

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Wednesday, November 10, 2010
Hokulia Bypass: Hawaii Supreme Court upholds land acquisition for road
By Robert Thomas @ 10:08 PM :: 9546 Views :: Hawaii County , Akaka Bill, Energy, Environment

In the instant appeal, we hold that the County’s asserted public purpose for Condemnation was not a pretext for a primarily private benefit....

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