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, moderated by Professor David Callies of the University of Hawaii School of Law is now on YouTube. Our handout (with links to the cases) is below.
Links to the cases:
Hawaii Supreme Court
Admin Law: Thirty Meter Telescope. Opinion, Concurrence, Dissent.
Admin Law: Tax Foundation of Hawaii v. State of Hawaii
Admin Law: Clarabal v. Dep’t of Education (Opinion, Concurrence, Dissent)
Admin Law: In re HELCO
Admin Law: City and County of Honolulu v. State of Hawaii
Public Trust: Ching v. Case
Real Estate Transactions: Calipjo v. Purdy
Intermediate Court of Appeals
Admin Law: Kokua Council for Senior Citizens v. Director, Dep’t of Health
Admin Law: Keauhou Canoe Club v. DLNR
Boundaries/Plants: Spittler v. Charbonneau
CC&R Interpretation: Bruno v. AOAO of Waikiki Marina Condo; Crowe
CC&R Interpretation: Sandomire v. Brown
Easements: Ching v. Dung
Fences: Yin v. Aguiar
Foreclosure: American Savings Bank v. Chan
Foreclosure: American Savings Bank v. AOAO of the Hanohano Hale
Foreclosure: First Hawaiian Bank v. AOAO of Sun Rise, Inc.
Foreclosure: Malabe v. AOAO Executive Centre (SCT argument 9/19/19)
Land Court: In Re Nomura
Land Use: Dao v. Zoning Board of Appeals
Lease: Ebbo v. SGG, LLC
Lease: Kahawaiolaa v. Hawaiian Sun Investments, Inc.
License: Blake v. Alexander & Baldwin
Liens: Joslin v. Ota Camp-Makibaka Assn, Inc.
Public Nuisance: Haynes v. Haas (SCT cert granted)
Quiet Title: Kualoa Ranch, Inc. v. Mitchell
Real Property Tax: Auyoung v. Dep’t of Budget and Fiscal Services
Trespass: Grinpas v. Kulana Prop
Water Rights: Carmichael v. BLNR
National
Regulatory Takings: Knick v. Township of Scott
Vacation Rentals: Homeaway.com v. City of Santa Monica, (9th Cir. 2019)
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September 27, 2019
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- Mark M. Murakami is an attorney in private practice in Honolulu, Hawaii.
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- Hawaii State Bar Association Real Property and Financial Services Section's Real Estate Litigation Update 2019
- Whitesell Revisited - Hawaii Courts Tackle The Neighbor's Tree Issue
- American Bar Assn's Section of Litigation Real Estate, Condemnation, and Trust Litigation Roundtable Materials
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