Monday, July 22, 2024
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Thursday, July 4, 2024
The Verified Complaint In Equity: The Declaration Of Independence
By Robert Thomas @ 12:01 AM :: 24270 Views :: National News, Hawaii History

...the structure and style of the Declaration follows a form familiar to most modern lawyers: a complaint initiating a lawsuit....

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Friday, June 28, 2024
Hawaii Water Wars: If you don't claim a 'taking' you lose
By Robert Thomas @ 12:01 AM :: 651 Views :: Environment, Land Use

... those standards only apply where there's a takings claim present. And there's no takings claims here ....

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Thursday, June 27, 2024
State Supreme Court: Is Gov't Imposed "Church Purposes" Deed Restriction Void?
By Robert Thomas @ 3:36 PM :: 952 Views :: Hawaii County , First Amendment, Land Use, Religion

... the Hawaii Supreme Court hears oral arguments ....

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Friday, March 29, 2024
Hawaii's Good Friday Holiday - What's Up With That?
By Robert Thomas @ 1:00 PM :: 37180 Views :: Hawaii History, Labor, Religion

If you ask how "a religious holiday observed primarily by Christians commemorating the crucifixion of Jesus Christ and his death at Calvary" squares with the Establishment Clause of the First Amendment, let us explain ....

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Thursday, November 9, 2023
Inverse Condemnation and Hawaii's Wildfires
By Robert Thomas @ 2:07 AM :: 1675 Views :: Maui County, Land Use

... the role that ‘damaging clauses’ found in more than half of state constitutions across the United States play in inverse condemnation claims related to natural disasters ....

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Saturday, October 21, 2023
Inverse Condemnation and Paying for Disasters
By Robert Thomas @ 10:36 PM :: 1967 Views :: Maui County, Development, Judiciary, Land Use

... Hawaii Bar Association discusses Lahaina fires .... 

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Friday, September 22, 2023
Can One Government Official Really Hold Up Necessary Water Uses? The Hawaii Public Water Trust In Action
By Robert Thomas @ 12:05 AM :: 5050 Views :: Maui County, Environment, Greenmail, Land Use, OHA

... this just had some devastating consequences ....

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Wednesday, August 23, 2023
Audio: Hawaii Inverse Condemnation and Wildfires
By Robert Thomas @ 8:44 PM :: 1953 Views :: Energy, Environment

... will Hawaii adopt California's version of inverse condemnation liability in wildfire cases? ....

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Tuesday, August 15, 2023
HECO Suits: Two Vacant Hawaii Supreme Court Seats Loom Large
By Robert Thomas @ 8:38 PM :: 3404 Views :: Maui County, Energy

... Hawaii certainly has not adopted the California model of inverse condemnation liability for wildfires. So this will be a case of first impression ....

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Friday, December 9, 2022
Law Of The Lava - Who Owns New "Accreted" Land?
By Robert Thomas @ 10:08 PM :: 1992 Views :: Hawaii County , Land Use

... who owns "accreted" lava ....

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Tuesday, October 18, 2022
Federal Court: Honolulu's 3-Month Minimum Rental Term Preempted By State Law
By Robert Thomas @ 9:28 PM :: 2905 Views :: Honolulu County, Small Business, Tourism

... Violating the ordinance meant massive daily fines ($10k), plus disgorgement of the rent. Thus, not surprisingly, the ordinance drew a federal court challenge from property owners ....

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Wednesday, December 22, 2021
Nine Years After Katherine Kealoha's Bungled Prosecution, Supreme Court Orders Return of Alleged Gambling Machines
By Robert Thomas @ 1:26 AM :: 2786 Views :: Ethics, Gambling

... Police Corruption Scandals Revenge for Gambling Prosecutions? ....

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Friday, December 10, 2021
Takings, PASH, and the Changing Coastal Environment
By Robert Thomas @ 5:55 PM :: 1863 Views :: Land Use

... the right to exclude is not "universally applicable" in the 808. Let that one sink in ....

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Thursday, November 11, 2021
Hawaii Supreme Court Guts-And-Replaces The Legislature's "Gut-And-Replace" Switcheroo
By Robert Thomas @ 8:01 PM :: 2315 Views :: Ethics, Hawaii State Government

... a well-functioning republic presumes that those tasked with vigilance -- the public -- have the opportunity to understand the substance of what those whom we elect to represent us are actually doing ....

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Friday, August 27, 2021
SCOTUS Strikes Down CDC Eviction Moratorium And Leaves Tantalizing Clues About Takings
By Robert Thomas @ 11:48 PM :: 2717 Views :: Small Business, COVID-19

... The other shoe -- perhaps the most predictable shoe drop in legal history -- dropped yesterday ....

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Tuesday, August 3, 2021
Guam Mango Seizure Unconstitutional
By Robert Thomas @ 12:00 PM :: 2463 Views :: Judiciary, Small Business

... "[i]n the case before us, the government is not merely restricting what Genpro may do with its dried mangoes, it is compelling the physical surrender of the mangoes to WSTCO." ....

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Sunday, June 20, 2021
State Supreme Court: With Environmentalism Anybody Can Veto Affordable Housing
By Robert Thomas @ 4:54 AM :: 5095 Views :: Maui County, Environment, Development, Greenmail, Judiciary, Land Use

... Anyone Claiming That An Affordable Housing Project Might Impact Their Property Interests In A "Clean And Healthful Environment" Has Standing To Object ....

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Wednesday, June 16, 2021
​Hawaii Court Of Appeals: You Can't Sanction A Member Of The Public For Merely Asking To Unseal Court Records
By Robert Thomas @ 10:15 PM :: 3418 Views :: Ethics, First Amendment, Judiciary

... the trial court sanctioned 'Judges for Justice' $17,000 for making the request ....

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Thursday, June 10, 2021
PASH and the Changing Coastal Environment
By Robert Thomas @ 2:01 AM :: 2111 Views :: Land Use

... a retrospective of one of the Hawaii Supreme Court's most famous (or infamous) decisions ....

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Sunday, April 4, 2021
Al Hee Claims Ownership of Federal Subsidies--Court Laughs
By Robert Thomas @ 2:47 AM :: 3403 Views :: DHHL, Ethics

... There's a lot there: acronyms, bureaucracy-speak, family-inside politician dealings, tax fraud convictions, and the like ....

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Wednesday, March 24, 2021
What are the Limits to Hawaii Governors' Emergency Powers?
By Robert Thomas @ 10:51 PM :: 2697 Views :: Hawaii State Government, COVID-19

... Hawai‘i’s statute contains a single major check on the executive’s delegated authority: the “automatic termination” provision ....

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Monday, February 22, 2021
SCOTUS Refuses to Hear Bridge Aina Lea Case
By Robert Thomas @ 4:00 PM :: 4026 Views :: Hawaii County , Development, Land Use

"... If there is no such thing as a regulatory taking, we should say so ...."

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Wednesday, January 27, 2021
Bridge Aina Lea: 9th Circuit Allows Case to go Forward
By Robert Thomas @ 4:42 AM :: 4124 Views :: Hawaii County , Development, Land Use

... The district court's judgment is reversed, case remanded for the merits ....

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Saturday, January 23, 2021
"25 Years of PASH"
By Robert Thomas @ 11:00 AM :: 3603 Views :: Greenmail, Land Use

... in the PASH case the Hawaii Supreme Court concluded that subject to certain qualifications, the Hawaii Constitution allows native Hawaiians to exercise traditional practices, even on private property ....

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Friday, December 11, 2020
Hawaii Supreme Court And Ineffective Assistance Of Appellate Counsel
By Robert Thomas @ 5:51 PM :: 2229 Views :: Judiciary

... The trial court concluded that indeed, appellate counsel had been ineffective, but also declined to enter any relief because a trial court obviously cannot order the Supreme Court to reconsider ....

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Monday, November 30, 2020
Bridge Aina Lea: US Supreme Court Demands Response from State
By Robert Thomas @ 4:43 AM :: 3391 Views :: Hawaii County , Development

... the State hired a DC SCOTUS player to argue that this case isn't worth the Court's time ....

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Friday, September 4, 2020
How Can? U.S. DHS: National Eviction Moratorium
By Robert Thomas @ 3:46 AM :: 3525 Views :: Law Enforcement, Small Business, COVID-19

...state and local governments may be breathing a sigh of relief: thanks to this order, the feds have just stepped up to be the defendant in takings lawsuits and to be on the financial hook for any judgments for eviction moratoria (at least in those jurisdictions that have not adopted more protective restrictions)....

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Thursday, August 27, 2020
Bridge Aina Lea: US Supreme Court Urged to Hear Case
By Robert Thomas @ 3:14 AM :: 3298 Views :: Hawaii County , Land Use

 ...'This case is the proverbial 'Exhibit A' of much that is wrong with takings law.'....

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Sunday, July 19, 2020
Bridge Aina Lea Heading to US Supreme Court?
By Robert Thomas @ 12:13 AM :: 3688 Views :: Hawaii County , Land Use

...Cert Petition: "This case is the proverbial 'Exhibit A' of much that is wrong [with takings law]...."

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Monday, July 6, 2020
Unpacking Court Order Denying TRO to Block COVID Emergency Rules
By Robert Thomas @ 7:27 PM :: 2691 Views :: COVID-19

...When the opinion starts this way, you know which way it is headed....

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Tuesday, June 30, 2020
Hawaii AG: For The Hearing At Which I Will Argue That Indoor In-Person Gatherings Are Dangerous, Let's Gather Indoors In-Person!
By Robert Thomas @ 5:15 PM :: 3547 Views :: Judiciary, Tourism, COVID-19

...the court scheduled a hearing for Thursday, July 2, 2020....

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Friday, June 26, 2020
COVID Suits: One Case Dismissed, Judge Blocks Feds from Other
By Robert Thomas @ 4:39 AM :: 2914 Views :: Tourism, COVID-19

...The court also ordered plaintiffs to respond to the Governor's virus pre-check program....

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Thursday, June 25, 2020
The Separation of Powers Limitation on Hawaii’s Emergency Authority
By Robert Thomas @ 10:53 PM :: 3636 Views :: Hawaii State Government, Health Care, COVID-19

...a hard look at the most important limitation on government power in an emergency, the statutory requirement that any emergency proclamation automatically terminates no later than sixty days after it is issued....

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Thursday, June 25, 2020
Will Hawaii COVID Lawsuits be Consolidated?
By Robert Thomas @ 3:54 AM :: 2914 Views :: Law Enforcement, COVID-19

...Ige yesterday asked the court to consolidate the two cases....

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Wednesday, June 24, 2020
Constitutional Law and States of Emergency: Lessons from the COVID-19 Pandemic
By Robert Thomas @ 11:59 PM :: 2904 Views :: COVID-19

...This is a one-hour program, open to the public....

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Tuesday, June 16, 2020
Another Hawaii Lawsuit: Coronavirus Orders Violate Right To Travel, Equal Protection, Due Process
By Robert Thomas @ 6:04 PM :: 4001 Views :: Small Business, COVID-19

...the second complaint filed in the U.S. District Court for the District of Hawaii challenging the governor's coronavirus shut down orders....

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Thursday, June 11, 2020
Hawaii COVID Lawsuit: Emergency Rules Unconstitutional Beyond 60 Days
By Robert Thomas @ 4:54 AM :: 5323 Views :: COVID-19

..."From day 61 on, the governor is both making laws and enforcing them, in violation of the separation of powers provisions under Hawaii’s state constitution.”....

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Wednesday, May 13, 2020
Petitioner Needs Counsel For Supreme Court Oral Arguments In Due Process Case
By Robert Thomas @ 9:59 AM :: 3419 Views :: Family, Judiciary

...Should the parties be accepted to the Appellate Pro Bono Program, plaintiff may renew his motion for retention of oral argument....

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Monday, May 4, 2020
Supreme Livestream: Maui Water Rights Case
By Robert Thomas @ 10:09 PM :: 4864 Views :: Maui County, Greenmail, Judiciary, OHA

...Hawaii Supreme Court Livestream Oral Argument In Water Rights, Admin Law Case (Tuesday, May 5, 2020, 10am HT)....

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Monday, April 27, 2020
Lahaina Injection Wells: Ad hoc rules and non-exhaustive lists of "factors"
By Robert Thomas @ 3:57 AM :: 3411 Views :: Maui County, Environment

...the usual result is going to be that you run a big risk if you don't get a permit....

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Thursday, April 9, 2020
Safety Dance: Are There Limits To Lockdowns?
By Robert Thomas @ 2:42 AM :: 3586 Views :: First Amendment, Small Business, COVID-19

...Join us next Tuesday, April 14, 2020, at 12 noon Hawaii Time for a free webinar sponsored by the Grassroot Institute of Hawaii, "Safety vs. Freedom: Are There Limits to Lockdowns?"....

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Friday, April 3, 2020
Bridge Aina Lea: What Constitutes Loss?
By Robert Thomas @ 12:07 AM :: 3037 Views :: Hawaii County , Land Use

...The opinion also adds to the growing confusion about whether the regulatory takings doctrine deals with use or value....  

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Monday, March 30, 2020
Time For A "Coronavirus Disputes Court?"
By Robert Thomas @ 3:46 AM :: 3483 Views :: Judiciary, COVID-19

...given the magnitude of the potential claims arising out the present situation, one way to bring the takings, commandeering, landlord-tenant, insurance, and other closely-related issues to a quick(er) resolution....

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Thursday, March 26, 2020
The Royal Origins Of "Police Power" Hawaii-Style: The King v. Tong Lee (1880)
By Robert Thomas @ 10:50 AM :: 4138 Views :: Hawaii History, Land Use, Small Business

...the first Hawaii case which uses the term "police power"....

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Thursday, March 19, 2020
​Emergencies, Police Power, Commandeering, And Compensation: Essential Readings
By Robert Thomas @ 5:00 AM :: 3421 Views :: Law Enforcement, COVID-19

...government power in times of crisis and the tension between that power and property and other individual rights....

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Wednesday, March 11, 2020
Debunked Litigation Strategy: Honolulu Latest to Sue Big Oil for Global Warming
By Robert Thomas @ 3:50 AM :: 2330 Views

...the fun part is in the claims for relief....

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Thursday, February 20, 2020
Bridge Aina Lea: 9th Circuit Takes Developer's Last Dollar
By Robert Thomas @ 2:44 AM :: 5266 Views :: Hawaii County , Development, Land Use

...the District Court had awarded nominal compensation ($1), after the jury concluded that the State of Hawaii took Aina Lea's property....

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Wednesday, December 18, 2019
Land Use: Hawaii Supreme Court Creates New Procedural Hoop to Jump Through
By Robert Thomas @ 12:04 PM :: 3802 Views :: Development, Land Use

...HAWSCT: When Agency Includes Conditions In Phase 1 Land Use Permit, But Later Removes The Conditions In Phase 2 Permit, Party Who Asked For Conditions Is Entitled To Notification....

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Friday, December 13, 2019
Legislature's "Gut-And-Replace" Procedure Violates Hawaii Constitution Three Readings Requirement
By Robert Thomas @ 3:55 AM :: 3549 Views :: Ethics, Hawaii State Government

...Here's the motion we filed today....

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Thursday, November 7, 2019
Hot Take On The Maui Clean Water Act Arguments
By Robert Thomas @ 2:12 PM :: 4756 Views :: Maui County, Environment, Tourism

...It all turns on the language of the Clean Water Act, and what does the term "from" mean....

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