Real Estate & Property Law

HAWSCT Opinion in Eminent Domain Abuse Cases - Kona Bypass Highway

Posted on December 24, 2008
In a major decision regarding eminent domain, the Kelo standard, and whether a taking is for public use, the Hawaii Supreme Court today issued an opinion in County of Hawaii v. Richards, No. 28882, the consolidated appeal from two eminent...

Office Swag Contest

Posted on December 24, 2008
For those of you stuck in the office today, a contest: I'll send to the first three people who email me today their very own "limited edition" of my firm's just-released extra-large, cobalt blue coffee mug, shown below. (Don't forget...

Cal. Court of Appeals: No Ongoing Business On Parcel Taken, No Goodwill

Posted on December 23, 2008
In City and County of San Francisco v. Coyne, No. A118222 (Cal. Ct. App. 1st Dist. Dec. 5, 2008), the court held that in order to be compensated for goodwill under California law when a parcel is taken by eminent...

HAWSCT: Separation of Powers Prohibits Legislative Transfer of Agency's Regulatory Fees to General Fund

Posted on December 22, 2008
How often in an appellate opinion does the court use the term "glom?" [The Appellee] gloms onto the "police power" aspect of the definition [of regulatory fees] in arguing that "Medeiros plainly concern[ed] the 'police power' of 'criminal investigative services,'...

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Our Amicus Brief in Pratt Construction Co. v. California Coastal Commission

Posted on December 22, 2008
Today, on behalf of the Western Manufactured Housing Communities Association, we (me and my Damon Key colleagues Christi-Anne Kudo Chock and Matt Evans) filed an amicus brief brief urging the U.S. Supreme Court to accept for review the California Court...

Hawaii Appeals Court: Let's Go Surfin' Now, Everybody's Learning How...

Posted on December 19, 2008
The Intermediate Court of Appeals (Judges Foley, Nakamura, Fujise on the panel) today issued an opinion in Save Diamond Head Waters LLC v. Hans Hedemann Surf, Inc., No. 27804 (Haw. ICA Dec. 19, 2008), a case about the administrative authority...

HAWSCT Superferry Oral Argument Live Blog

Posted on December 18, 2008
Starts at 8:45 a.m. Go here.

Audio Recording of Hawaii Superferry Supreme Court Oral Arguments (mp3)

Posted on December 18, 2008
The Court has released the audio recording of this morning's oral arguments in the Hawaii Superferry (part II) case. Download the mp3 here (caution, it is a 40mb file). The archive of this morning's live blog of the arguments is...

More Superferry Round 2 Briefs

Posted on December 17, 2008
Just in case you wanted even more to read tonight before tomorrow's Hawaii Supreme Court oral arguments in the Hawaii Superferry appeal redux, posted below is a nearly complete set of briefs. Some are upwards of 2 MB, so you...

Live Blogging The HAWSCT Superferry Oral Arguments 12.18.08

Posted on December 17, 2008
Another reminder: tomorrow morning, the "Hawaii Superferry" litigation is back in the Hawaii Supreme Court Round 2, with oral arguments scheduled to commence at 9 a.m. I'll be attending the arguments, and technology and typing skills permitting, live blogging it...

Cal. Court of Appeals: Extension of Ordinance Allows New Inverse Condemnation Challenge

Posted on December 16, 2008
When must a landowner challenge a land use regulation she claims illegally impact her property? Talk to a lawyer, and they're usually going to say that you should act sooner than later, and often the time limitations are very short....

The Dark Side of Zoning

Posted on December 15, 2008
An interesting op-ed piece in today's Honolulu Star-Bulletin, "Thank zoning laws for your peaceful home," extols the virtues of zoning:It has now been more than 85 years since the residents and city council of the little village of Euclid, Ohio,...

Final Amicus Brief Supporting the State of Hawaii in Ceded Lands Case

Posted on December 15, 2008
The State of Washington, along with 31 others have filed an amicus brief in support of the State of Hawaii in the ceded lands case (available here) which argues: The amicus curiae states are deeply concerned with the lower court?s...

Hawaii Superferry Supreme Court Briefs

Posted on December 15, 2008
The case that would not go away, the "Hawaii Superferry" litigation, is back in the Hawaii Supreme Court this week for Round 2, with oral arguments scheduled for 9 a.m. on Thursday, December 18, 2008. The Court generally allocates 1/2...

HAWSCT Opinion In U.H. Regents Case

Posted on December 15, 2008
The Hawaii Supreme Court today issued an opinion in the case involving holdover University of Hawaii Regents, Hanabusa v. Lingle, No. 29391, posted here.

Cal. Supreme Court: Anti-SLAPP Suit Exemption Not Applicable Unless Entirety Of Case For Public Benefit

Posted on December 15, 2008
A "SLAPP suit" is a "strategic lawsuit against public participation," and many states have anti-SLAPP suit statutes designed to thwart retaliatory lawsuits that may chill the public's willingness to exercise First Amendment rights. For example, California's statute defines SLAPP suits...

Book Review: The Complete Guide To Zoning

Posted on December 14, 2008
Ever wished you'd have the chance to sit down over a cup of coffee and talk one-on-one with an expert in his or her area of law, especially our favorite topic, Land Use Law? Well, here's your chance to come...

Federal Government in Ceded Lands Case: Sorry Seems To Be The Hardest Word

Posted on December 13, 2008
In a significant development and unexpected move, the Solicitor General has filed in the U.S. Supreme Court an amicus brief on behalf of the United States strongly supporting the State of Hawaii's position in the ceded lands case, asserting the...

Intermediate Court of Appeals Land Use Decision Summarized

Posted on December 12, 2008
Thanks to Professor Patty Salkin for posting a summary of the Hawaii Intermediate Court of Appeals decision in Pono v. Molokai Ranch, Ltd., 119 Haw. 163, 194 P.3d 1126 (2008), in which "the court concluded, a private citizen does not...

Ceded Lands Case: Federal Government Files Amicus Supporting Hawaii

Posted on December 12, 2008
In an significant development, on December 11, 2008, the Solicitor General filed an amicus brief in the ceded lands case now pending before the U.S. Supreme Court. We'll post the brief shortly. The federal government's participation was not expected. This...

SCOTUS Ceded Lands Case: Another Amicus Briefs

Posted on December 11, 2008
The Grassroot Institute of Hawaii and the Southeastern Legal Foundation filed an amicus brief in the Hawaii ceded lands case, available here. The brief argues:Hawaii is justly admired as an integrated, racially blended society. It has been called a model...

More Amicus Briefs in SCOTUS Ceded Lands Case

Posted on December 11, 2008
The brief of the Commissioner of Public Lands for the State of New Mexico is posted here. The brief of the Center for Constitutional Jurisprudence is posted here.The New Mexico brief explains:Because the express trust created under the Hawaii Admission...

Ceded Lands Case: Pacific Legal Foundation, Cato Institute, Center for Equal Opportunity Amicus Brief

Posted on December 11, 2008
Today, we filed an amicus brief in the ceded lands case on behalf of Pacific Legal Foundation, the Cato Institute, and the Center for Equal Opportunity, available here.The core issue of this case is whether a state court, interpreting federal...

Ceded Lands Case: Mountain States Legal Foundation Amicus Brief

Posted on December 11, 2008
The Mountain States Legal Foundation, "a nonprofit, public-interest law firm . . . dedicated to bringing before the courts those issues vital to the defense and preservation of individual liberties, the right to own and use property, the free enterprise...

The Fifth Amendment is Not Enough: Bulldozing Free Speech

Posted on December 10, 2008
Following up on our earlier post, "'No, I'm Spartacus!'" about the latest foul turn in the Bulldozed saga, the Institute for Justice (the folks who represented Susette Kelo) today announced that they are representing Carla T. Main, Bulldozed's author, in...

Overlawyered on Bulldozed: Royall pain to his critics

Posted on December 10, 2008
Overlawyered (chronicling the high cost of our legal system, it proclaims its mission to be) posts an item about the Bulldozed case, which we mentioned earlier today. In Royall pain to his critics, Walter Owens references a post by Jacob...

Procedural Chutzpah: Williamson County in Action

Posted on December 09, 2008
Let me make sure I am understanding this properly: a property owner does the right thing under the rules of Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), and brings her federal regulatory...

NY Times on Land and Power on Molokai

Posted on December 08, 2008
Worth reading: "In an Age-Old Quest for Balance, an Uncertain Shift" from the New York Times, a story about the land use "Battle of Molokai Ranch" (as the story puts it). If you want to begin to understand the land...

SCOTUS Sets Argument Date for Ceded Lands Case

Posted on December 08, 2008
Mark you calendars for Wednesday, February 25, 2009. That's the date the U.S. Supreme Court will hear arguments in the ceded lands case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008). The argument transcript should...

HAWSCT Cert Briefs in Jurisdiction Case

Posted on December 08, 2008
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...

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