Real Estate & Property Law

HAWSCT Cert Briefs in Jurisdiction Case

By Robert Thomas (inversecondemnation.com)

Following up on a post from earlier today, here are the briefs in the Pono v. Molokai Ranch, Ltd. cert petition, which seeks HAWSCT cert review of the Intermediate Court of Appeals' decision, reported at 119 Haw. 163, 194 P.3d 1126 (2008). The issue is whether Hawaii circuit (trial) courts have original jurisdiction to hear claims by a private plaintiff that another private party's use of land is inconsistent with state zoning law, when county zoning authorities who administer the state zoning law say it is not. [Disclosure: we represent the respondent, Molokai Ranch, now known as Molokai Properties, Ltd.]

• Molokai Ranch's response to application for certiorari (650 kb pdf)

• Pono's application for writ of certiorari (3.6mb pdf)

Requesting cert review by the Hawaii Supreme Court is a bit different than asking the U.S. Supreme Court to take your case.  Like that process, the Hawaii procedure asks the court for discretionary review, but it is not called a "petition" but an "application," and the application is either "rejected," "dismissed," or "accepted" under the standards established by Haw. Rev. Stat. § 602-59.  For recent stats on disposition, go here.

Full post as published by inversecondemnation on December 08, 2008 (boomark / email).