Every year, the Hawaii State Bar Association’s Real Property and Financial Services Sections asks my partner Greg Kugle and me to present a Litigation Update for its members. We review the recent national and Hawaii court decisions impacting real estate, ranging from land use litigation, real estate closings, foreclosures, CC&R interpretation and more.
Our presentation
Our most viewed post was on the topic of bananas. Strange fare for a law blog, but yes, there is law on bananas that are on my neighbor’s tree but that are on my side of the property line. Good fences make good neighbors (Mr. Frost may disagree), but free bananas mean banana
Fires, superstorms, cataclysmic floods seem to abound across the nation. Property damage claims abound, but how should claims against public utility or governmental actors be handled? Are there strategic implications for bringing claims against the utility? What are the practical issues?Answers to these questions and more will be provided on a free webinar (conference call
As it often the case in the law, when you peel back one layer of an onion, you get more and more and more. In this case, after writing yesterday’s post on the three judge panel reviewing Governor Ige’s Emergency Proclamation for TMT, we wondered what other three judge panels exist in Hawaii law. We
While we are slowly migrating this blog as part of a rebranding, we could not pass up the opportunity to delve into one of the legal aspects of the ongoing discourse over the Thirty Meter Telescope (artistic rendering below).
Our friends at Civil Beat published an article about a TMT-related hearing on Monday, July 22
The Hawaii Supreme Court conducted oral arguments last week in the case of Umberger v. Department of Land and Natural Resources. This is the case asking whether an online commercial fishing permit application triggers environmental review under Hawaii’s Environmental Policy Act, Ch. 343.
Several individuals and environmental groups brought suit against the State of
California fish, not raisins, are the subject of a recent decision from the Ninth Circuit Court of Appeals. The case is Marilley v. Bonham and the opinion can be found here.
In Marilley, California’s vessel registration fees were challenged by non-resident commercial fishermen who argued, as a class, that charging nonresidents higher
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
Deviating from our usual fare of ocean and land related cases, we wade into a constitutional thicket and report on Dannenberg v. State of Hawaii. The opinion from the Supreme Court is here.
Judge James Dannenberg (retired) is the lead plaintiff in a class action brought on behalf of:
All employees (and