Hawaii Real Estate Litigation Update 2015 – HSBA Real Property and Financial Services Section

Last year, Gregory W. Kugle and I provided our annual Hawaii real estate litigation update for the Hawaii State Bar Association’s Real Property and Financial Services Section. The outline, with links to the cases, is provided below and a video of the presentation is conveniently on YouTube. So, consider yourself updated on what happened in Hawaii real estate litigation in 2015.

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HSBA Real Property and Financial Services Section

Litigation Update Nov. 20, 2015

12:00 p.m. 1:00 p.m.

Gregory W. Kugle and Mark M. Murakami


Land Use/Development Litigation Surfrider Foundation v. Zoning Board of Appeals; Prof. Callies on Kyo-Ya: https://www.youtube.com/watch?v=x-CQsYX9Wy4.

Administrative Appeals Doe v. Attorney General (Finality requirement for Ch. 91 appeal), more analysis here; Mauna Kea Anaina Hou v. Bd. Of Land and Natural Resources (TMT contested case).

Quiet Title/Foreclosure/Lease Cancellation Kaupulehu Land LLC v. Heirs and Assigns of Pahukula (quiet title); JP Morgan Chase Bank v. Young (attorney affirmation text); Lui-Dyball v. Hawaiian Homes Commn (homestead lease cancellation); Ross v. Wahinehookae (quiet title).

Shoreline Gold Coast Neighborhood Assn. v. State of Hawaii ;

Condemnation/Regulatory Takings James v. City and County (HRS Ch. 101 order of possession); Aina Lea.

Fraudulent Transfer – Schmidt v. HSC, Inc.

Municipal Government/Preemption – Ruggles v. Yagong.

National Cases with Potential Impacts in Hawaii

Right to Enter Statutes – Virginia statute not a facial taking, here; California statute pends with California courts here.

San Joses Inclusionary zoning ordinance here.

Clean Water Act, Waters of the United States Rule here.

SCOTUS on New Deal Price Controls here.

Next year? Hoopili, Koa Ridge, TMT and more. Stay tuned.