When is an exercise of eminent domain not "for public use" as required by the U.S. and state constitutions? This brief, and the briefs filed earlier in the appeal, address that issue.

These cases have resulted in two prior reported opinions, County of Hawaii v. C & J Coupe Family Ltd. P’ship, 119 Haw. 352, 198 P.3d 615 (2008), which deals with the issue of pretext and public purpose in eminent domain, and County of Hawaii v. C & J Coupe Family Ltd. P’ship, 120 Haw. 400, 208 P.3d 713 (2009), which held that under Hawaii law, the condemnor must pay 100% of the property owners damages if a taking is dismissed or otherwise fails.