Entries for 'Robert Thomas'

Undercutting the trope that the lawsuit by a Marin County, California oyster farm to keep operating is all a right-wing plot ....

Scott Bullock, the Institute for Justice lawyer who argued Kelo will be speaking next Monday at the University of Hawaii School of Law ....

...the environmental lawyers upped the ante by calling Callies a liar and a sell-out....

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"....

...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....

... University of Hawaii Law School panel about "The PLDC and Property Rights in Hawaii"....

...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...

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....

Tuesday, February 26, 2013 from 7:15 - 8:30 p.m., at the University of Hawaii Law School ....

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....

...the court's environmental jurisprudence wasn't so much focused on outcome, but rather on process....

...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....

The oral argument calendar of the Hawaii Supreme Court  looks pretty interesting.... 

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?

"The preamble to the bill specifically mentions celebrities but nothing is said about limiting the act to celebrities and paparazzi."

...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....

...a "zoning verification" by the Director of the City and County's Department of Planning and Permitting is not a "decision of the Director"....

The Hawaii Supreme Court has accepted certiorari and agreed to review the Intermediate Court of Appeals' unpublished memorandum opinion in Diamond v. Dobbin....

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....

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 ....

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 ....

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 ....

Next step the Ninth Circuit?

• Blake v. County of Kauai Planning Comm'n,
• Kanahele v. Maui County Council

Litigation is nearing the "end game" regarding the adequacy of the final environmental impact statement (FEIS) and record of decision (ROD)....

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 ....

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....

...Kawaiahao Church in Honolulu is not exempt from historic preservation review....

...the ICA held that property owners ... are not required to seek an amendment to the Community Plan in order to ripen their takings claims....

...the government condemned the appraised area, paying for it with compensation supplied by the Ungactas, and transferred it to the Ungactas....

...The Hawaii Intermediate Court of Appeals held in this unpublished memorandum order that the Commission must hold a "contested case" hearing upon demand....

...County of Maui approved a coastal zone permit allowing a Halloween party to go forward in Lahaina, and someone was against it....

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."

Today's Order gave some clues about whether the court would conclusively halt the project, but deferred a ruling until December....  

Full Text Federal Court Order 

The developer touts the proposed resort as "the most environmentally and culturally responsible visitor-oriented project ever to be proposed in the state."

...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....

...

Litigation continues over the adequacy of the final environmental impact statement (FEIS) for Honolulu’s rail rapid transit project....

Apparently, there is an effort to get the Judiciary or the Legislature to form another court with specialized jurisdiction....

 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 ....

...the Hawaii Supreme Court "has managed to find in favor of Sierra Club, Friends of the Earth, Earthjustice ... 90% of the time, 70% of those decisions overturning the [Hawaii] Intermediate Court of Appeals....

the Hawaii 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 ....

One of the necessary beginning points is this principle: The Constitution of the United States, too, has become the heritage of all the citizens of Hawaii.

When a Hawaii Supreme Court opinion starts off waxing poetic about "Na Wai Eha" you don't need to read the remaining 88 pages to know what the ineviatable result will be....