Damon Key Leong Kupchak Hastert

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Latest from Damon Key Leong Kupchak Hastert

Breaking! In H.C. Cornuelle, Inc. v. City and Cnty of Honolulu, No. 14068 (Haw. July 17, 1990), the Hawaii Supreme Court held that the City and County of Honolulu inversely condemned a strip of private property in downtown when it prohibited development and use of that land because the City intended to acquire it in the future for a road-widening project. Wait, what? “Breaking,” you say? This memorandum opinion was issued nearly 30 years…
As expected, a quick decision and opinion from the U.S. District Court for the District of Hawaii, after yesterday’s hearing on the plaintiff’s request for extraordinary preliminary relief (a TRO and PI) in the case challenging the Hawaii Governor’s imposition of a 14-day self-quarantine on all travelers inbound to Hawaii (and other emergency orders, although the TRO request was limited to the quarantine). When the opinion starts this way, you know which way it is…
It’s not quite “Yes Virginia…” but here is our annual Independence Day missive on the legal angle on the Declaration. Civil Beat published a version of this post here. ————————————————————————————— We know lawyers are easy targets (we enjoy lawyer jokes as much as the next person, i.e., What’s the difference between a good lawyer and a great lawyer? A good lawyer knows the law; a great lawyer knows the judge.). Still, as…
Last we checked in, the U.S. District Court for the District of Hawaii has granted the Hawaii Attorney General’s request to hold an in-person hearing on the plaintiffs’ motions for preliminary relief in the case challenging Governor Ige’s COVID-19 related orders (including travel quarantine). Unfortunately, that meant that those of us not able or willing to visit the courthouse in person would not be able to listen in. Well thank you, Judge, for zagging…
We joined friend and colleague Clint Schumacher for the milestone 50th episode of his essential Eminent Domain Podcast.  If you are not already a subscriber and regular listener, you should be. Clint features interesting guests (present company excepted) and listening in is a good way to keep our community together, especially when many of us may be feeling isolated and shut off from our friends and fellow property law travelers. The 50th Episode is…
OK, takings mavens, what’s your guess on whether a court would conclude there’s been a taking when a state bans “rapid fire trigger activators” (“devices that, when attached to a firearm, increase its rate of fire or trigger activation”)? Under the law, it is a crime to “manufacture, possess, sell, offer to sell, transfer, purchase, or receive” that kind of device, and you can’t transport one into the state. The plaintiffs are folks who owned…
Here’s the amicus brief filed yesterday in a Virginia Supreme Court case we’ve been following. This is a case at the intersection of property and takings law, and environmental protection. Several Nansemond River oystermen own a lease from the state for the riverbed, which among other things, allows them to harvest some of the oysters that Virginia is so well known for. But they were forced to bring an inverse condemnation claim in state…
Please plan on joining us on Wednesday, July 22, 2020, at 1pm ET (10am PT) for a long-form program on “Emergency and Police Power: Property Claims in Times of Crisis.” Our speakers are Professors Craig Konnoth (Colorado) and John Nolon (Pace), and one of the lawyers on the forefront of the nationwide legal challenges, Harmeet Dhillon (San Francisco). I’ll be moderating, along with Professor Sarah Adams-Schoen (Oregon). Here’s the program description: On the…