Entries for 'Robert Thomas'

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

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

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

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

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 ....

... who owns "accreted" lava ....

... 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 ....

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

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

... 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 ....

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

... "[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." ....

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

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

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

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

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

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

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

... 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 ....

... 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 ....

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

...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)....

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

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

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

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

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

...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....

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

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

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

..."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.”....

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

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

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

...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?"....

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

...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....

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

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

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

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

...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....

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

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

... If this were federal court with its Article III case and controversy standing requirements, we'd bet the court might have a difficult time finding standing. But this is a Hawaii court applying Hawaii law, and anyone who might be able to allege even "butterfly effect" linkage to the desired outcome has a very good argument for standing ....

...State's Amicus Response....

...if the power is to be shut off to more than a handful of customers statewide, the power must also be shut off to the homes of both the responsible utility execs and the state legislature and executive office buildings....

...SCOTUS Oral Argument Hinges On Internal Dispute Over Who Can Settle....