Real Estate & Property Law

Property Owner's Reply Brief in Kona Eminent Domain Appeals: Damages for Failed Condemnations, Abatement, and Pretext

By Robert Thomas

Today, we filed the Reply Brief for the property owner in County of Hawaii v. Richards, No. 28882, the consolidated appeal from two eminent domain lawsuits filed by the County in 2000 and 2005.  I won't go into detail about the arguments and will let the brief speak for itself since I am part of the legal team representing the appellant/property owner. 

The issues in the case include:

• application of Haw. Rev. Stat. § 101-27 (1993), the statute that provides that the government must make a property owner whole and pay damages when an attempt to take property by eminent domain is discontinued or dismissed

• whether the government may concurrently prosecute more than one condemnation lawsuit at the same time

• the standards for demonstrating that the government's claim of public use is pretext to hide private benefit

The briefing is now complete. The appeal is before the Intermediate Court of Appeals of Hawaii, which will likely schedule oral argument.  The filed briefs are here:

• Opening Brief

• Answering Brief of the County of Hawaii 

• Reply Brief

A link to the trial court's findings, along with a summary of the case is posted here.

Full post as published by inversecondemnation on June 02, 2008 (boomark / email).