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Entries for 'Robert Thomas'
Wednesday, August 15, 2012 |
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Justice Kennedy: US Constitution is Part of Hawaii's Heritage
By Robert Thomas @ 9:34 PM :: 9424 Views :: Kauai County, DHHL, Energy, Environment
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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.
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Wednesday, August 15, 2012 |
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Na Wai Eha: Supreme Court Rules Against Water Commission
By Robert Thomas @ 9:22 PM :: 10844 Views :: Kauai County, DHHL, Energy, Environment
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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....
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Tuesday, July 10, 2012 |
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State Appeals Attorneys' Fees Award In JSC List Case
By Robert Thomas @ 6:49 PM :: 5441 Views :: Energy, Environment
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Abandoning the practice of his two predecessors, the Governor refused to release the list of names of nominees transmitted to him by the Judicial Selection Commission....
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Wednesday, July 4, 2012 |
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Is The Obamacare Decision The New Kelo?
By Robert Thomas @ 6:14 PM :: 5178 Views :: National News, Ethics
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Opponents have vowed to repeal it, citing the nearly universal popular revulsion with the Court's majority decision in Kelo v. City of New London as an example where one side lost the battle, but might have secured the upper hand in the long run....
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Friday, June 29, 2012 |
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If Individual Mandate is a Tax, What is Eminent Domain?
By Robert Thomas @ 2:05 PM :: 4979 Views :: National News, Ethics
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We're starting to appreciate the Chief's "functional" approach. What say we apply that same test to a legislature's statement regarding the "public use" for which it is condemning property?
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Tuesday, June 26, 2012 |
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SCOTUS Delays Consideration Of Challenge To Hawaiian Homes Property Tax Exemption
By Robert Thomas @ 10:35 PM :: 4280 Views :: Energy, Environment
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...the Court's docket entry was updated to reflect consideration of the petition at the Thursday, June 28, 2012 conference....
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Saturday, June 23, 2012 |
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Takings: ICA Overturns Circuit Court in Leone v County of Maui
By Robert Thomas @ 1:51 PM :: 9055 Views :: Kauai County, DHHL, Energy, Environment
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The trial court had determined the plaintiffs' regulatory takings claims were not ripe because they should have tried to change offending land use regulations which allegedly deprive their property of all economically beneficial uses.
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Saturday, June 23, 2012 |
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Honolulu Premiere: "Urbanized" - Designing Cities, Working Cities
By Robert Thomas @ 1:40 PM :: 8483 Views :: Maui County, Education K-12, Energy, Environment
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Urbanized (Gary Hustwit 2012), Saturday, June 23, 7:00 p.m., at R&D, 691 Auahi Street, Honolulu....
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Friday, June 15, 2012 |
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State Appeals Court: Individuals Cannot Sue to Determine Vacation Rental in Violation
By Robert Thomas @ 6:41 PM :: 5868 Views :: Energy, Environment
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a person complaining about a vacation rental cannot circumvent the City's enforcement procedures and the administrative appeal process by instituting an original jurisdiction lawsuit....
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Thursday, June 7, 2012 |
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Supreme Court Hearing: The Next Big Hawaii Water Case
By Robert Thomas @ 4:15 PM :: 9662 Views :: Kauai County, DHHL, Energy, Environment
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In re `Iao Ground Water Management Area High-Level Source Water Use Permit Applications and Petition to Amend Interim Instream Flow Standards of Waihe`e River and Waiehu, `Iao, and Waikapu Streams Contested Case Hearing, No. SCAP-30603 ....
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Thursday, June 7, 2012 |
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DHHL Tax Case: Final Brief in Corboy v Louie
By Robert Thomas @ 4:10 PM :: 6212 Views :: Energy, Environment
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case asking the U.S. Supreme Court to review the Hawaii Supreme Court's dismissal of a challenge to the property tax exemptions conferred on lessees of Hawaiian Homesteads....
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Thursday, June 7, 2012 |
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9th Circuit: Hawaii's Regulation Of Commercial Beach Weddings Does Not Violate First Amendment
By Robert Thomas @ 4:08 PM :: 5382 Views :: Energy, Environment
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The court mostly upheld the regulations, but struck down the power of government officials to revoke a permit and modify it....
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Tuesday, May 29, 2012 |
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Obama Admin Asks Supreme Court to Reject DHHL Property Tax Challenge
By Robert Thomas @ 3:59 PM :: 6396 Views :: Energy, Environment
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Perhaps the most interesting parts of the SG's brief are its recitation of Hawaii history (pages 1 - 3), and its noting of "recent and ongoing legal developments" (the State's recent legislation instituting a "process for the indigenous native people of Hawaii to reorganize as a sovereign government").
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Friday, May 25, 2012 |
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Kaleikini v Yoshioka: Rail Project in 'Grave' Danger
By Robert Thomas @ 1:23 AM :: 12285 Views :: Maui County, Education K-12, Energy, Environment
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The Hawaii Supreme Court just concluded oral arguments in Kaleikini v. Yoshioka and it does not look good for the City and the State....
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Wednesday, May 23, 2012 |
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Oral Argument Preview: Can The Honolulu Rail EIS Be Segmented?
By Robert Thomas @ 3:01 PM :: 8021 Views :: Maui County, Education K-12, Energy, Environment
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That's the question the Hawaii Supreme Court will consider this Thursday, May 24, 2012, when it hears oral arguments in Kaleikini v. Yoshioka ....
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Tuesday, May 22, 2012 |
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Hawaii Reapportionment Case: Motion For Preliminary Injunction Denied
By Robert Thomas @ 2:47 PM :: 5932 Views :: Energy, Environment
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...just issued by the three-judge district court denying the motion for preliminary injunction. More to come....
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Friday, May 18, 2012 |
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Supreme Court Continues to Grapple with Constitutionally Protected Native Hawaiian Practices
By Robert Thomas @ 12:13 AM :: 5880 Views :: Energy, Environment
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The only limit on the privilege in the text of the constitution is "the right of the State to regulate such rights."
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Friday, May 11, 2012 |
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Full Text: Final Briefs Filed in Reapportionment Case
By Robert Thomas @ 1:02 PM :: 7751 Views :: Energy, Environment
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The lawsuit argues that the Equal Protection Clause guarantees representational equality as well as voting equality....
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Tuesday, April 24, 2012 |
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Full Text: Plaintiffs' Motion for Preliminary Injunction Against Reapportionment Plan
By Robert Thomas @ 5:43 PM :: 7262 Views :: Energy, Environment
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Hawaii’s 2012 Plan is not just “substantially” different from population, it is grossly deviant.
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Friday, April 20, 2012 |
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Bridge Aina Lea: Court Rules LUC Violated Developer's Civil Rights
By Robert Thomas @ 12:17 AM :: 8060 Views :: Hawaii County , Akaka Bill, Energy, Environment
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DW Aina Lea Dev. LLC v. State of Hawaii Land Use Comm'n, No. 11--1-0112K ....
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Sunday, March 18, 2012 |
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Trickle-Down Regulation: Environmental Maze Becomes "Stumbling Block" For The Little Guys
By Robert Thomas @ 11:07 PM :: 5853 Views :: Energy, Environment
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Thus, even purportedly green activity could be "development" after all, even if it involves a native Hawaiian fishpond....
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Thursday, February 23, 2012 |
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VIDEO: Ilya Shapiro (Cato Institute), In Hawaii Speaking About Obamacare Supreme Court Cases
By Robert Thomas @ 8:31 PM :: 7312 Views :: Energy, Environment, National News, Ethics
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"Five weeks from now, the Supreme Court is taking up the most important case it's had since Brown vs. Board of Education."
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Thursday, February 23, 2012 |
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Thursday, February 23, 2012 |
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"Nonresident" Property Owners Must Employ Property Managers For TVRs?
By Robert Thomas @ 8:08 PM :: 8218 Views :: Energy, Environment
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HB1707 and SB2089 will require "nonresident" property owners who rent their property for thirty days or less (transient vacation rentals) to use a licensed real estate broker to rent the property, and to employ a property manager to operate it....
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Sunday, February 12, 2012 |
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Supreme Court Decision Clarifies Line Between Discipline and Abuse
By Robert Thomas @ 5:52 PM :: 6173 Views :: Energy, Environment
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The court held that "parents have a constitutional right to discipline children...."
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Wednesday, January 18, 2012 |
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Do-Over Sought In Hawaii Reapportionment Case
By Robert Thomas @ 2:56 PM :: 6279 Views :: Energy, Environment
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The Commission has now sought "clarification and/or reconsideration," first asking the court for more guidance on the method of "extracting" non-permanent residents from the population base and the procedure for preparing a new plan, and second arguing that the inability to separate resident and nonresident military personnel makes the court's requirement that the Commission do so unconstitutional under the equal protection clause.
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Saturday, January 14, 2012 |
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Supreme Court Keeps East Maui Water Case Alive
By Robert Thomas @ 11:44 PM :: 10238 Views :: Kauai County, DHHL, Energy, Environment
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The court concluded the ICA has appellate jurisdiction because the Acting Deputy Director to the Chairperson of the Board of Land and Natural Resources certified the Water Commission minutes by signing them....
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Friday, January 6, 2012 |
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HAWSCT: "Best Efforts" Are Not Good Enough In Reapportionment. But...
By Robert Thomas @ 1:55 AM :: 6498 Views :: Energy, Environment
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No one exiting the Hawaii Supreme Court courtroom yesterday after oral arguments in the redistricting cases should have had much doubt about what the court was going to do....
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Saturday, December 31, 2011 |
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Exclusive Hawaii Premiere: Battle for Brooklyn, Academy Award Contending Documentary About Eminent Domain
By Robert Thomas @ 8:02 PM :: 8191 Views :: Energy, Environment, National News, Ethics
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On January 3 and 4, 2012, at 1:00 and 7:30 p.m. each day, the Honolulu Academy of Arts Doris Duke Theater is presenting the Hawaii premiere of Battle For Brooklyn, the Academy Award-contending documentary about the Atlantic Yards eminent domain fight....
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Saturday, December 31, 2011 |
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Hawaii Ct App Upholds Attorneys Fees And Costs For Eminent Domain Appeals
By Robert Thomas @ 7:58 PM :: 5990 Views :: Energy, Environment
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The ICA relied on County of Hawaii v. C&J Coupe Family Ltd. P'ship, which held that if an eminent domain action is dismissed or otherwise fails, the property owner is entitled to recover the attorneys' fees and costs it incurs in the case....
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Monday, December 12, 2011 |
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Supreme Court asks for Federal Input on Challenge to Hawaii Admission Act, Hawaiian Homes Commission Act
By Robert Thomas @ 3:13 PM :: 8567 Views :: Energy, Environment, National News, Ethics
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Today was the day we were to have found out whether the Supreme Court would review Corboy v. Louie....
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Sunday, December 11, 2011 |
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"Accretion," Hawaii Style
By Robert Thomas @ 12:39 AM :: 9820 Views :: Hawaii County , Akaka Bill, Energy, Environment
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Who owns the new land created when lava flows over private property and into the sea and hardens into fast land?
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Tuesday, November 29, 2011 |
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US Supreme Court to Decide Whether to Hear Lawsuit Challenging DHHL, Admission Act
By Robert Thomas @ 1:43 AM :: 7573 Views :: Energy, Environment, National News, Ethics
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At its December 9, 2011 conference, the U.S. Supreme Court will consider whether to review Corboy v. Louie....
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Saturday, November 26, 2011 |
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Hawaii Supreme Court to Consider Limit of Parental Discipline
By Robert Thomas @ 4:52 PM :: 6869 Views :: Energy, Environment
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...what standards govern the Family Court's evaluation of an application for a civil TRO in light of a parent's fundamental right to discipline his or her children (which includes the right to use reasonable corporal punishment)....
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Sunday, November 13, 2011 |
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Potemkin Village, Hawaiian Style?
By Robert Thomas @ 1:09 PM :: 6733 Views :: Energy, Environment
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In Opportunity comes ashore, the daily paper reports that among other things, they wanted the world to see Hawaii as a good place to do business....
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Tuesday, November 8, 2011 |
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Full Text: Abercrombie Admin Defends Judicial Selection Secrecy in Court
By Robert Thomas @ 1:22 AM :: 5614 Views :: Energy, Environment
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Governor Abercrombie filed his opposition to the Star-Advertiser's motion for summary judgment, and his own cross-motion for summary judgment in the case in which the Star-Advertiser seeks disclosure of the Judicial Selection Commission list from the Governor
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Saturday, October 29, 2011 |
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Superferry: Honolulu Lawyer Dissects Civil Beat’s Latest “Fact Check” Debacle
By Robert Thomas @ 10:39 AM :: 6402 Views :: Energy, Environment
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Attempting to "fact check" an opinion is a fool's errand.
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Thursday, October 27, 2011 |
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US Supreme Court asked to Decide Constitutionality of Cash Payments for Development Approvals
By Robert Thomas @ 5:29 PM :: 7473 Views :: Energy, Environment, National News, Ethics
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There is a better-than-usual chance that the Supreme Court will agree to review the case, since the Ninth Circuit’s decision squarely conflicts with decisions by the California and Texas Supreme Courts....
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Saturday, October 22, 2011 |
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FULL TEXT: Motion For Summary Judgment Forcing Disclosure of Abercrombie’s Judicial Nominees
By Robert Thomas @ 2:21 AM :: 5850 Views :: Energy, Environment
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...motion for summary judgment in the case which seeks disclosure of the JSC list from the Governor....
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Saturday, October 8, 2011 |
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Climate Change and Regulatory Takings in Coastal Hawaii
By Robert Thomas @ 11:26 PM :: 6515 Views :: Energy, Environment
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The Center for Island Climate Adaptation and Policy (“ICAP”) at the UH Sea Grant College Program has prepared this paper to examine the interactions among climate change, the regulation of shoreline development in Hawai‘i, and Constitutional law regarding unpermitted takings of private property for public benefit
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Thursday, October 6, 2011 |
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State of Hawaii to SCOTUS: Protect Property Rights from "Overreaching Federal Regulation"
By Robert Thomas @ 7:42 PM :: 9320 Views :: Energy, Environment, National News, Ethics
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Precluding pre-enforcement judicial review buttresses a regime where EPA has assumed the authority to enjoin development by issuing unreviewable compliance orders. Such a result is repugnant to the core principle in the Due Process Clause that "[n]o person shall be deprived of life, liberty, or property, without due process of law."
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Sunday, October 2, 2011 |
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US Supreme Court Asked to Decide: Is Hawaiian Homes Property Tax Exemption Racial Discrimination?
By Robert Thomas @ 12:02 AM :: 7713 Views :: Energy, Environment, National News, Ethics
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In a cert petition filed September 15, five Hawaii taxpayers argue that they have standing to challenge the constitutionality of property tax exemptions conferred on lessees of Hawaiian Homesteads.
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Tuesday, August 30, 2011 |
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Lawyer: US Supreme Court needs to Hear Hokulia Bypass Case
By Robert Thomas @ 7:05 PM :: 11099 Views :: Hawaii County , Akaka Bill, Energy, Environment, National News, Ethics
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Today, we filed the Reply Brief in the case that asks: after Kelo, when is eminent domain pretextual?
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Thursday, August 25, 2011 |
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Full Text: Star-Adv Suit hits Abercrombie Secrecy on Judicial Nominees
By Robert Thomas @ 12:58 PM :: 6043 Views :: Energy, Environment
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...the Honolulu Star-Advertiser filed a Complaint asking the circuit court to order the Governor to publicly release the list of judicial nominees presented to him by the Judicial Selection Commission, now that the Hawaii Senate has consented to the Governor's appointment of Justice McKenna....
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Tuesday, August 23, 2011 |
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US Supreme Court will soon decide whether to hear Hokulia Bypass Case
By Robert Thomas @ 2:48 AM :: 9913 Views :: Hawaii County , Akaka Bill, Energy, Environment, National News, Ethics
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Last week the developer and the County of Hawaii filed their joint Brief in Opposition in C & J Coupe Family Limited Partnership v. County of Hawaii....
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Friday, July 29, 2011 |
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Full Text: State LUC moves for dismissal of Bridge Aina Lea Suit
By Robert Thomas @ 9:41 PM :: 11960 Views :: Hawaii County , Akaka Bill, Energy, Environment
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Here's the latest in a case we've been following. In Bridge Aina Lea, LLC v. State of Hawaii Land Use Comm'n....
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Monday, July 18, 2011 |
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Hokulia Bypass Case Appealed to US Supreme Court
By Robert Thomas @ 7:38 PM :: 14220 Views :: Hawaii County , Akaka Bill, Energy, Environment, National News, Ethics
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On July 14, 2011, we filed a cert petition, which asks the U.S. Supreme Court to review the Hawaii Supreme Court's decision in County of Hawaii v. C&J Coupe Family Ltd. P'ship....
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Tuesday, June 21, 2011 |
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Developer sues LUC for downzoning affordable homes already built
By Robert Thomas @ 2:25 AM :: 11233 Views :: Hawaii County , Akaka Bill, Energy, Environment
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...the Land Use Commission changed the land use boundaries from "urban use to agricultural use while affordable housing was being constructed on the property."
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Friday, May 27, 2011 |
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189 Properties in Rail’s Path: Myths about Eminent Domain
By Robert Thomas @ 11:51 AM :: 10792 Views :: Maui County, Education K-12, Energy, Environment, National News, Ethics
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...legal issues that the rail project will involve, include eminent domain, environmental questions, and the relationship with the newly-created Honolulu Authority for Rapid Transit (HART), an agency within city government to oversee the project....
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Friday, May 27, 2011 |
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Attorney: Seizure of Molokai Ranch for Windfarm may be illegal
By Robert Thomas @ 11:42 AM :: 10664 Views :: Kauai County, DHHL, Energy, Environment
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When the government chooses a preferred beneficiary before it condemns, the taking looks a lot more like the prohibited "A-to-B" taking that the Court professes to frown upon....
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