Hawaii Real Estate Litigation Update – 2016 – Telescopes, Ag Lands and More

By Mark M. Murakami on November 30, 2016

My partner Gregory W. Kugle and I were pleased to present at our fourth annual Hawaii State Bar Association Real Property and Financial Services Section Real Estate Litigation Update for 2016. Greg covered the big cases from 2016, including the Thirty Meter Telescope, the Haleakala Telescope, Koa Ridge and Hoopili. The topics covered and links to opinions and analysis are below.

RPFSS Brown Bag – Litigation Update

By Gregory W. Kugle and Mark M. Murakami

November 18, 2016

Topic	Case	Hyperlink
Important Ag Lands	Sierra Club v. D.R. Horton-Schuler Homes	Opinion, Dissent
Important Ag Lands	Sierra Club v. Castle & Cooke Homes Hawaii, Inc.	Opinion, Dissent
Conservation District Permits	Kilakila ‘o Haleakala v. Bd. Of Land & Natural Res.	Opinion, Concurrence, Wilson Dissent, Pollack Dissent, Analysis
Environmental Policy	Kilakila ‘o Haleakala v. Bd. Of Land & Natural Res.	Opinion
Environmental Policy	Umberger v. Dep’t of Land & Natural Res.	ICA Opinion
Condemnation	County of Kauai v. Hanalei River Holdings, Ltd.	ICA Opinion, Analysis
Land Use	Robert D. Ferris Trust v. Planning Comm’n of the County of Kauai	Opinion, Analysis
Admin Law	Ford v. Leithead–Todd	ICA Opinion
Admin Law	Green Party of Hawaii v. Scott Nago	Opinion, Analysis

NATIONAL

Topic	Case	Hyperlink
Affordable Housing –Inclusionary Zoning	616 Croft Avenue LLC v. City of West Hollywood	Opinion
Planning and Property Rights	Kirby v. North Carolina Department of Transportation	Opinion
Entry Statutes	Property Reserve, Inc. v. Superior Court	Analysis
Highest and Best Use and Jury vs. Judge	City of Perris v. Stemper	Opinion
Regulatory Takings	Murr v. State of Wisconsin	Analysis

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Federal and State Preemption – Ninth Circuit GMO Cases

Mark M. MurakamiDirector

Mark Murakami practices in the firm’s Appeals, Business & Commercial Law, Construction Law, Land Use & Eminent Domain, Litigation & Dispute Resolution, Real Estate, and…

Mark Murakami practices in the firm’s Appeals, Business & Commercial Law, Construction Law, Land Use & Eminent Domain, Litigation & Dispute Resolution, Real Estate, and Wills, Trusts & Estates practice groups. His focus is on complex commercial disputes, land use negotiation and litigation, environmental, and general civil litigation. He has appeared in all federal and states courts in Hawaii, most of the administrative boards and commissions, and is licensed in the U.S. Supreme Court, Ninth Circuit Court of Appeals and Court of Federal Claims. He is rated “BV” by Martindale-Hubbell, receiving a rating of 4.4/5.0.

Mark is the 2025 President of the Hawaii State Bar Association (HSBA). Hawaii’s attorneys selected Mark for this leadership role in a statewide election in late 2022. He subsequently served as the 2023 Vice President and 2024 President-Elect. Founded in 1899, the HSBA is a mandatory professional organization for active and inactive licensed attorneys in Hawai. Its mission is to unite and inspire Hawaii’s lawyers to promote justice, serve the public and improve the legal profession. Mark was first elected by his peers to the 21-person HSBA Board in 2012 and was elected Treasurer from 2014 to 2017.

Mark has been appointed to a leadership position in the American Bar Association Section of Litigation. He will serve as Co-Chair for the Real Estate, Condemnation & Trust Litigation Committee and will be responsible for programming and publications for the nationwide membership.

Mark has been elected as the Hawaii member of Owners’ Counsel of America (OCA), an exclusive association of the nation’s leading eminent domain lawyers. Eminent domain is the legal process by which the government acquires private property for public uses, most often by forcing the owner to sell it. Membership in OCA is by invitation-only, and limited to a single member in each state. Members are selected for their experience and dedication in defending the constitutional rights of private property owners in eminent domain, inverse condemnation, regulatory takings, and other property rights matters.

Mark was elected a Fellow of the American College of Real Estate Lawyers (ACREL). Admission to the College is by invitation only to lawyers who are distinguished real estate practitioners and who have contributed to the improvement of real estate law through a combination of speaking, writing, teaching, and serving on relevant boards and commissions. Founded in 1978, the College is comprised of more than 1,000 lawyers distinguished for their skill, experience, and high standards of professional and ethical conduct in the practice of real estate law.

Mark was awarded the CRE (Counselor of Real Estate) credential by The Counselors of Real Estate, an international association of experienced real estate practitioners including appraisers, lawyers, and brokers, who provide expert advisory services to clients on complex real property and land-related matters. Membership in The Counselors of Real Estate is selective and is extended by invitation only, attesting to the practitioner’s expertise and proven competence in his or her chosen area of real estate.

Mark once again was selected by his peers for inclusion in the 2025 Edition of The Best Lawyers in America® for his work in Commercial Litigation, Eminent Domain & Condemnation Law, Land Use & Zoning Law, Litigation-Land Use & Zoning, Real Estate Law, Trusts & Estates, Litigation-Real Estate, and Litigation-Trusts & Estates. He was also named the Best Lawyers® 2013 Lawyer of the Year Eminent Domain & Condemnation Law. Mark has been selected by Super Lawyers for over 10 years.

Mark was the Valedictorian of the Class of 1999 from the University of Hawaii at Manoa, William S. Richardson School of Law where he served as Articles Editor of the University of Hawaii Law Review. He has received numerous academic awards, including: Dean’s Scholar, Porter Scholastic Award (2 times); Awards for highest grade in Property I, Torts I, Contracts I, Corporations, and Professional Responsibility; Kono Award for Academic Achievement; Phi Delta Phi Professional Responsibility Award; HSBA Real Property and Financial Services Section Award.

He is also a graduate of the U.S. Coast Guard Academy in New London, Connecticut. He served for 13 years on active duty before joining the U.S. Coast Guard Reserve in 2005. During his time on active duty, he served on three different Coast Guard cutters, including command of a patrol boat in California. He spent four years assigned to the Fourteenth Coast Guard District Legal Office, prosecuting courts-martial, litigating cases in federal court as a Special Assistant U.S. Attorney, and advising Coast Guard officials on maritime, criminal, environmental and international law issues.

Mark has been awarded the Legion of Merit, the Defense Meritorious Service Medal, two Meritorious Service Medals, the Joint Service Commendation Medal, two Coast Guard Commendation Medals and four Coast Guard Achievement Medals. He retired in July 2022 as a Captain, culminating thirty years of active duty and reserve commissioned service.

To view his blog on federal litigation and maritime law, in and around Hawaii and Oceania, please visit: www.hawaiioceanlaw.com.

Mark was born on Maui and raised in Kailua, Oahu. He is a graduate of Kailua High School and was active in the Castle Performing Arts Center.

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Hawaii Real Estate Litigation Update – 2016 – Telescopes, Ag Lands and More

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