Hawaii Landmark Land Use Litigation for 2014

Hawaii Real Estate Litigation Update - 2014

by Mark Murakami, Hawaii Ocean Law, November 21, 2014

So, just in case you were wondering what new and important cases were issued by the Hawaii courts this year, you are in luck if you are a member of the Hawaii State Bar Association's Real Property and Financial Services Section.  My partner Greg Kugle and I are presenting our 2nd Annual Real Estate Litigation.  If you aren't a member, then I've posted our outline, with hyperlinks to the decisions or blog posts about the decisions, below:

HSBA Real Property and Financial Services Section

Litigation Update – Nov. 21, 2014 12:00 p.m. – 1:00 p.m.

Gregory W. Kugle and Mark M. Murakami

Hawaii

• Real Estate Contracts –
•  Morioka v. Lee (oral contract);
•  Furuya v. AOAO Pacific Monarch (DROA), (cert application)
• Land Use/Development Litigation –
• Kellberg v. Yuen (III) ;
• Kauai Springs, Inc. v. County of Kauai Planning Commission;
• Friends of Makakilo v. D. R. Horton – Schuler Homes, LLC; 
• Blake v. County of Kaua’i Planning Commission (Amended Opinion) ;
• Blake v. County of Kaua'i Planning Commision (Memorandum Opinion);
• Bridge Aina Lea, LLC v. Chock ; Aina Lea Litigation ;
• Kilakila v. Board of Land and Natural Resources ;
• Molfino v. Yuen ; 
• Goo v. Arakawa ;
• Pilaa 400, LLC v. Bd. Of Land & Natural Resources
• Interests in Real Estate –
• Lopez v. State (liens) ;
•  Malulani v. Kaupo Ranch (easements)
• Shoreline –
• Diamond v. Dobbin ;
• Dagres v. County of Hawaii Planning Department
• Condemnation – James v. City & County of Honolulu
• Condo Disputes (Attorney’s Fees):  AOAO of Discovery Bay v. Mitchell

National Cases with Potential Impacts in Hawaii

• Supreme Court decision on…easements?  Brandt v. United States
• Right to Enter Statutes – taking?  Property Reserve, Inc. v. Superior Court
• Does jury decide reasonable likelihood of imposition of exaction in eminent domain case?  Cal Supreme Court will answer in City of Perris v. Stamper (City of Perris v. Stamper ; Blog Post on Stamper)
• Williamson County and Procedural Due Process Claims:   Kurtz v. Verizon New York, Inc.