Real Estate & Property Law

Kauai Springs Update: Civil Rights Case, Kauai Planning Commission Appeals

By Robert Thomas (inversecondemnation.com)

The latest on the Kauai Springs cases. In the civil rights case, we've filed a motion for Kauai Springs seeking summary judgment on the substantive due process, permit approval, and 42 U.S.C. § 1983 claims. Download a copy here. The exhibits to the motion (available separately here) include the court's earlier Findings of Fact and Conclusions of Law in the related administrative appeal in which Kauai Springs prevailed in August 2008. Hearing is set for December 10, 2008 in the fifth circuit court.

Also, on October 22, the County of Kauai Planning Commission appealed the final judgment in the administrative appeal to the Hawaii Intermediate Court of Appeals. The circuit court's findings which the Planning Commission is appealing are posted here. More to follow once the briefs are filed.

For more information about these two related cases, here are some links to earlier media coverage:

• "Kauai Springs wins lawsuit against Planning Commission" (The Garden Island, Aug. 20, 2008)

• A May 2006 story about the case from the Honolulu Star-Bulletin

• A story from the Kauai newspaper about the TRO that halted the County's attempt to shut the business down while the appeal was being considered.

• Another story about the preliminary injunction that allowed Kauai Springs to stay open.

• "Kauai Springs: Still Open for Business" from Hawaii Reporter.

Full post as published by inversecondemnation on November 05, 2008 (boomark / email).