Upcoming Hawaii Appellate Arguments Of Interest

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Hawaii Supreme Court
Hawaii Supreme Court (Photo: Emily Metcalf)

BY ROBERT THOMAS – The oral argument calendar of the Hawaii Supreme Court  looks pretty interesting:

  • Thursday, February 21, 2013, 10:00 a.m. – Kanahele v. Maui County Council, No. SCWC-29649, a case involving the “Sunshine Law” and the council’s consideration of a development project on Maui. More here from Record on Appeal.
  • Thursday, February 21, 2013, 11:00 a.m. – County of Hawaii v. UNIDEV, LLC, No. SCWC-10-0000188, a case about contracts between a private developer and the County to build affordable housing. It’s more about arbitration and appellate jurisdiction, but an interesting case nonetheless. More here from Record on Appeal.
  • Thursday, March 14, 2013, 9:30 a.m. – State of Hawaii v. Woodhall, No. SCWC-11-0000097, in which the court is considering what proof a person who raised a medical-use-of-marijuana defense must bring forward in order to prove his case.
  • Thursday, March 21, 2013, 9:00 a.m. – NST Holdings Corp. v. Budget Hawaiian Holidays, No. SCWC-28917, a case involving when a Notice of Appeal is timely filed. More herefrom Record on Appeal.
  • Thursday, March 21, 2013, 10:00 a.m. – Blake v. County of Kauai Planning Comm’n, No. SCWC-11-0000342, in which the court is considering the question of administrative ripeness in land use cases. More here from Record on Appeal.
  • Thursday, April 4, 2013, 9:00 a.m. – Diamond v. Dobbin, No SCWC-30573, a case about shoreline certifications, which we previewed here.

Stay tuned.




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Robert H. Thomas is one of the preeminent land use lawyers in Hawaii. He specializes in land use issues including regulatory takings, eminent domain, water rights, and voting rights cases. He has tried cases and appeals in Hawaii, California, and the federal courts. Robert received his LLM, with honors, from Columbia Law School where he was a Harlan Fiske Stone Scholar, and his JD from the University of Hawaii School of Law where he served as editor of the Law Review. Robert taught law at the University of Santa Clara School of Law, and was an exam grader and screener for the California Committee of Bar Examiners. He currently serves as the Chair of the Condemnation Law Committee of the American Bar Association’s Section on State & Local Government Law. He is the Hawaii member of Owners’ Counsel of America, a national network of the most experienced eminent domain and property rights lawyers. Membership in OCA is by invitation only, and is limited to a single attorney from each state. Robert is also the Managing Attorney for the Pacific Legal Foundation Hawaii Center, a non-profit legal foundation dedicated to protecting property rights and individual liberties. Reach him at rht@hawaiilawyer.com He is also a frequent speaker on land use and eminent domain issues in Hawaii and nationwide. For a list of upcoming events and speaking engagements.