Hawai'i Legal News

Murasko v. Loo (HSC March 7, 2011) Background. The Muraskos filed a petition for a temporary restraining order (TRO) and injunction against their neighbors, the Curells. District Court Judge Loo reviewed the petition, granted the TRO, and set a hearing to determine a longer injunction. The Curells, appearing pro se, filed a response denying the allegations. At the hearing, the parties presented evidence, Judge Loo granted the petition, and ordered a three year injunction to take effect August 10. On August 12, the Curells, now with counsel, filed a motion for an extension of time in order to file "post-verdict motions." Counsel for the Curells explained in the motion that he had been retained on August 5, and was unable to file any motions because he would be on vacation from August 11 through August 18. Counsel wanted to extend the time to Sept. 1. The district court granted the motion. On Sept. 1, the Curells filed a motion for a new trial pursuant to D...

Stop Rail Now v. De Costa (ICA December 30, 2009) Background. A group of concerned citizens submitted to the Clerk of the City and County of Honolulu a petition purportedly signed by over 49,000 registered voters. The petition proposed an ordinance by initiative stating that Honolulu mass transit "shall not include trains or rail transit." The Clerk rejected the petition for a special initiative election because the City and County Charter did not allow initiative special elections within 180 days of a general election. The petition was withdrawn. Stop Rail Now brought a lawsuit and a motion in the circuit court seeking a preliminary injunction that directed the Clerk to file and process a special initiative election and, if there were sufficient signatures, place the proposed ordinance on the general election ballot. The circuit court granted the motion and ordered the Clerk to accept the petition and determine whether there was sufficient signatures. The circuit...

Nu'uanu Valley Association v. City and County of HNL (HSC October 24, 2008) Background. A landowner sought to develop approximately 50 acres of steep mountainside property in upper Nu'uanu Valley. The landowner submitted an application to the City's Dept. of Planning for approval of developing nine residential lots. The Nu'uanu Valley Assocation, a non-profit organization, requested from the City copies and inspection of all comments and engineering reports pertaining to the proposed subdivision. The City explained that its comments on submitted reports are sent back to the applicant. Nothing becomes available until they have been "accepted" by the City. After the City "accepted" a drainage report, it was made available for copying. The NVA sued the City alleging violations of the Uniform Information Practices Act (HRS chapter 92F) and the Hawai'i Environmental Policy Act (HRS ch. 343) because an environmental assessment was not done. The City ...

Partially Overruled in County of Hawai'i v. Ala Loop Pono v. Molokai Ranch (ICA October 21, 2008) Background. Molokai Ranch owned agricultural lands on the western end of Molokai. The Ranch asked the then-Mayor Linda Crockett Lingle and other Maui County officials if commercial campgrounds could be developed on these lands and, if so, what permits were needed. The County informed the Ranch that development was possible and that permits were needed for tents, yurts, and other camping facilities. The Ranch got the permits and started developing. An unincorporated association of Molokai residents called Pono sued the Ranch, Maui County, and the mayor and her officials. Pono sought a declaratory order stopping the development because it violated the state land use law (HRS ch. 205) and county zoning laws. The circuit court dismissed those counts because it failed to exhaust administrative remedies--it did not bring their claim before the County's Board of Variances Appeals...

Overruled by SCOTUS OHA v. HDCH (HSC January 31, 2008) Editor’s Note. Everything about this case is big. The litigation took years, the parties include State agencies, public figures, and an entire people. It even gives us a much-needed standard for permanent injunctions. Naturally, the opinion itself is big (97 pages long). I cannot possibly thoroughly examine the issues here without spending too much time and webspace on a single case. I’ve read through it and presented what I think are the most interesting issues and I do not represent this summary as a complete report of the OHA v. HCDCH . Background. The Housing and Community Development Corporation of Hawai‘i (HDCDH) and the State attempted to transfer various lands on Maui and the Big Island for the purpose of building residential housing. In 1995 a slew of plaintiffs—OHA and a group of individuals—sought to enjoin the State from alienating the lands because the lands were ceded lands part of the public lands trust and could ...