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Saturday, July 4, 2026
The Verified Complaint In Equity: The Declaration Of Independence
By Robert Thomas @ 12:15 AM :: 31824 Views

...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, April 3, 2026
Hawaii's Good Friday Holiday - What's Up With That?
By Robert Thomas @ 12:01 AM :: 50524 Views

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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Saturday, October 11, 2025
Hawaii Supreme Court: Beachfront Property Is Worthless
By Robert Thomas @ 4:34 AM :: 2573 Views

...littoral property owners are owed nothing for the temporary regulatory taking of small portions of accreted beach....

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Saturday, September 20, 2025
Supreme Court: State Cannot Enforce Land Restriction for 'Church Purposes Only'
By Robert Thomas @ 3:03 AM :: 4967 Views

... a land patent issued by the Territory of Hawaii in 1922 limited the uses of the land to "Church purposes only" ....

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Tuesday, February 11, 2025
What Lingle v Chevron Missed: Eminent Domain Pretext
By Robert Thomas @ 11:00 AM :: 2019 Views

... some tantalizing crumbs about how to raise a claim that a taking lacks a public use or purpose ....

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Wednesday, January 8, 2025
Electricity-Caused Wildland Fires: Costs, Social Fairness, and Proposed Solution
By Robert Thomas @ 2:53 AM :: 2848 Views

... litigation must be replaced by a system which provides basic compensation to wildfire victims, irrespective of the cause and associated fault ....

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Wednesday, October 23, 2024
Hawaii Bar: 'Property Rights & Regulatory Takings'
By Robert Thomas @ 8:44 PM :: 3197 Views

... Links And Materials From Hawaii Bar Association Takings Program ....

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Saturday, September 21, 2024
Concealed Carry Ruling Boosts Property Rights?
By Robert Thomas @ 1:03 AM :: 13040 Views

... While Figuring Out Gun "Sensitive Places," CA9 Backhandedly Upholds The Right To Exclude ....

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Saturday, August 10, 2024
Eminent Domain Justice: Maui Landowner Transfers Case to Federal Court
By Robert Thomas @ 11:23 PM :: 8269 Views

... an eminent domain case brought by the County of Maui against the owner of Maui property which is needed for a solid waste disposal site ....

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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 :: 2640 Views

... 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 :: 3988 Views

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

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Thursday, November 9, 2023
Inverse Condemnation and Hawaii's Wildfires
By Robert Thomas @ 2:07 AM :: 3201 Views

... 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 :: 4848 Views

... 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 :: 8704 Views

... 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 :: 3903 Views

... 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 :: 5352 Views

... 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 :: 3958 Views

... 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 :: 5138 Views

... 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 :: 4911 Views

... 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 :: 3394 Views

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

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