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When a Trigger is Not a Trigger Under Hawaii's Environmental Impact Statement Law (HRS Chapter 343)

November 13, 2008 20:09

Under Hawaii's environmental review law, commonly referred to as the Hawaii Environmental Policy Act ("HEPA"), an applicant or agency must comply with HEPA if its proposed action is one of the triggers enumerated under HRS §343-5. The most common trigger is the proposed "use of state or county ...

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2009 Honolulu City Council Committee Assignments

January 06, 2009 07:59

Today, Honolulu City Council Chair, Todd Apo, announced the following council committee assignments:Committee on Budget: Nestor Garcia (Chair), Gary Okino (Vice Chair), Duke Bainum, Charles Djou, and Rod TamCommittee on Executive Matters & Legal Affairs: Charles Djou (Chair), Barbara Marshall...

Honolulu City Council Reorganization

January 03, 2009 08:18

The Honolulu City Council met today to officially reorganize by adopting Resolution 08-273, Relating to the Officers of the Council of the City and County of Honolulu.The officers of the Council shall be as follows:Todd K. Apo, Chair and Presiding Officer;Nestor R. Garcia, Vice-Chair; andBarbara M...

Public Use Asserted in Condemnation May Meet Initial Judicial Muster but Courts Must Also Consider Pretext Defense

January 02, 2009 23:43

On Christmas Eve, the Hawaii Supreme Court (“HSCT”) issued an opinion in County of Hawaii v. C&J Coupe Family Limited Partnership, Haw. S. Ct. No. 28822, Dec. 24, 2008 involving a condemnation action related to the infamous Hokulia subdivision by 1250 Oceanside Partners.Background. This case inv...

Hawaii Supreme Court Holds that the Legislature Cannot Transfer Regulatory Fees from a Special Fund to General Fund

December 25, 2008 19:02

Considering the various fees collected during the land use process, it is good to know that those fees will be used for its intended purpose as the Hawaii Supreme Court recently instructed in Hawaii Insurers Council v. Linda Lingle, Haw. S. Ct. No. 27840, Dec. 18, 2008.In Hawaii Insurers Council, ...

Maui County Council Reorganization

December 20, 2008 16:13

According to a Maui County News Release, Danny A. Mateo (Molokai) will chair the Maui County Council and Michael J. Molina (Makawao-Haiku-Paia) will serve as Vice-Chair during the 2009-2011 council term, which begins January 2, 2009.Council is expected to adopt resolutions formalizing the council’s ...

It Could be an Early Christmas for Bed and Breakfast Proprietors on Maui

December 20, 2008 15:54

According to today's Maui news, Bill No. 115 (2008) - "A Bill for an Ordinance Amending Title 19, Maui County Code, Relating to Zoning as it Pertains to Bed and Breakfast Homes”, passed second and final reading at the Maui County council’s meeting on December 19. This clears the way for Mayor Charm...

Superferry Case II, Oral Arguments Posted

December 20, 2008 08:47

Oral arguments in the Superferry Case II are posted at the Oral Arguments Recordings Archive of the Hawaii Supreme Court's Web site:NO. 29035 Thursday, December 18, 2008 - 9:00 a.m.THE SIERRA CLUB, a California non-profit corporation registered to do business in the State of Hawai`i; MAUI TOMORROW,...

Supperferry Arguments

December 19, 2008 18:27

A big mahlao to Robert Thomas at inversecondemnation.com for his live supreme court coverage of the oral arguments in the recent round of the Hawaii Superferry Case.Oral arguments will be posted at the supreme court's Oral Arguments Recordings Archive in a few days.  Arguments from the Superferry's ...

State Auditor Finds $38.5 Million in Hawaii Superferry Harbor Improvements Not Needed; OEQC Must Clarify EIS Rules

December 19, 2008 08:42

On the eve of oral arguments regarding the constitutionality of Act 2 (2007) in the Superferry Case, the Office of the Auditor released Report No. 08-11, Performance Audit on the State Administration's Actions Exempting Certain Harbor Improvements to Facilitate Large Capacity Ferry Vessels from the ...