Real Estate & Property Law

Motion For Reconsideration Of HAWSCT's Opinion In Ala Loop: Are Zoning Statutes "Environmental Laws?"

By Robert Thomas (inversecondemnation.com)

The State (actually Waiola Waters of Life, the defunct charter school) has asked the Hawaii Supreme Court to reconsider its decision in County of Hawaii v. Ala Loop Homeowners, No. 27707 (July 9, 2010). In that case, the court held "[w]e further conclude that article XI, section 9 of the Hawai'i Constitution creates a private right of action to enforce chapter 205 in the circumstances of this case." Slip op. at 4. 

The State argues:

Wai'ola asks for reconsideration for three reasons. First, the Court has made new law that will significantly affect multiple sectors of our community, all levels of state and county government, and countless administrative and judicial proceedings that are pending in the courts and before state and county land use and environmental regulatory agencies.

Given the present procedural posture of the case, the principle of judicial restraint counsels again addressing the argument the Ala Loop Association and amicus advanced on certiorari, that article XI, section 9 implies a private right of action to enforce "laws relating to environmental quality:"

Here are the motion and the Ala Loop Homeowners' response:

• State's Motion for Reconsideration (filed July 19, 2010)

• Ala Loop Community Association's Response (filed Aug. 4, 2010)

Full post as published by inversecondemnation on August 07, 2010 (boomark / email).