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Robert Thomas – Damon Key Leong Kupchak Hastert

  • Can the Government Condition Development on Cash Payments?

    On October 26, 2011, Mark Murakami presented a lecture to Hawaii landowners, land lawyers, and government officials about an important case currently being considered for review by the U.S. Supreme Court about the government’s…more

    | Administrative Law, Constitutional Law, Real Estate - Commercial, Real...
  • Hamilton v. Lethem

    Petitioner's Application for a Writ of Certiorari

    Although the focus of our blog is land use and related topics, our practice involves more than that -- we also take appeals in other areas of law that present unsettled or untested questions. Here's the latest example, a case…more

    | Civil Procedure, Constitutional Law, Criminal Law, Family Law
  • Legal Alert: Plenty of H-1B Visas Still Available

    As of September 9, 2011, U.S. Citizenship and Immigration Services reports that only 32,200 petitions for H-1B visas have been received. The H-1B visa is a so-called “specialty occupation” visa that allows foreign nationals to…more

    | Immigration Law
  • C&J Coupe Family Ltd Pship v. County...

    Reply Brief for the Petitioner

    Today, we filed the Reply Brief (also available below) in the case that asks: after Kelo, when is eminent domain pretextual? Last month, we filed a cert petition asking the Supreme Court to review the Hawaii Supreme Court's…more

    | Civil Rights, Constitutional Law, Zoning, Planning & Land Use
  • Damon Key Legal Alert: July-Aug-Sept 2011

    The latest in legal news from Hawaii, via the Damon Key Legal Alert. Stories on Construction law, bid protests, and the legal issues surrounding allegedly defective drywall…more

    | Alternative Dispute Resolution (ADR), Construction Law, Government...
  • C&J Coupe Family Ltd Pship v. County...

    Petition for a Writ of Certiorari

    This case presents the opportunity for the U.S. Supreme Court to firmly establish what the majority and Justice Kennedy’s concurring opinions in Kelo v. City of New London, 545 U.S. 469 (2005) strongly suggested, but did not…more

    | Civil Rights, Constitutional Law, Zoning, Planning & Land Use
  • Alert - Hawaii General Excise Tax Exemptions

    Effective July 1, 2011, the Hawaii general excise and use tax exemption for certain persons and business activities is suspended by the recently signed Act 105. For a two-year suspension period running from July 1, 2011 to June…more

    | Business Organizations, Nonprofit Law, Taxation
  • Guggenheim v. City of Goleta,...

    Brief of Manufactured Housing Institute as Amicus Curiae in Support of the...

    Today, on behalf of the Manufactured Housing Institute, we filed this amicus brief (also available below) in the U.S. Supreme Court in Guggenheim v. City of Goleta, No. 10-1125 (petition for cert. filed Mar. 11, 2011). In…more

    | Civil Rights, Constitutional Law, Real Estate - Commercial, Zoning,...
  • Maunalua Bay Beach Ohana 28 v. State...

    Brief of Land Use Research Foundation of Hawaii as Amicus Curiae in Support of...

    Yesterday, on behalf of the Land Use Research Foundation of Hawaii, we filed this brief amicus curiae in the U.S. Supreme Court in Maunalua Bay Beach Ohana 28 v. Hawaii, No. 10-331 (cert. petition filed Sep. 7, 2010). This is…more

    | Civil Rights, Constitutional Law, Environmental Law, Real Estate -...
  • United States v. Tohono O'odham Nation

    Brief of the National Association of Home Builders as Amicus Curiae in Support...

    For more than a century, the federal government has held substantial funds and 2.9 million acres of land in Arizona in trust for the Tohono O'odham Nation. In United States v. Tohono O'odham Nation, No. 09-846 (cert. granted…more

    | Administrative Law, Civil Procedure, Civil Remedies, Constitutional Law,...
  • In re Trustees Under the Will of the...

    Brief Amicus Curiae of Pacific Legal Foundation in Support of Appellee

    This appeal presents an issue left unaddressed by the Hawaii Supreme Court in In re Robinson, 49 Haw. 429, 421 P.2d 570 (1966). Namely, whether the government waives a reservation of mineral and mining rights when it fails to…more

    | Constitutional Law, Environmental Law, Real Estate, Zoning, Planning &...

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