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December 9th, 2010 — By — In News & Events

Hawaii ICA: Oral arguments in Leone v. County of Maui property rights case

Yesterday, eminent domain and land use attorney, Robert Thomas, live blogged the oral arguments held before the Hawaii Intermediate Court of Appeals on a closely watched takings case in Hawaii. Robert, along with his Damon Key colleagues Mark Murakami and Rebecca Copeland, provided live commentary and background while simultaneously following the arguments. If you missed the live blog yesterday, you can replay the commentary, review the issues surrounding the case and read all of the briefs filed on Robert’s inversecondemnation blog here. [Disclosure: Robert Thomas is the Hawaii Member of Owners’ Counsel of America. Robert also filed an amicus brief on behalf of the Pacific Legal Foundation in support of the property owner.]

This case involves a federal regulatory takings claim and also concerns the issue of ripeness under Williamson Planning Comm’n v. Hamilton Bank (U.S. 1985). Borrowing from Robert’s post yesterday: “Leone v. County of Maui, No. 2969 is a case that has U.S. Supreme Court potential if the Hawaii courts don’t get it right and is definitely one to watch. In that case, Maui beachfront property owners’ federal regulatory takings claims were dismissed by a state trial court because the court concluded the property owners had not exhausted their administrative remedies.” In short, what must a landowner with a taking claim do before he may have his day in court?

A ruling is expected early next year and we’ll be watching for it.