Oral Arguments before the Intermediate Court of Appeals

No. 29696 & 30159 - Wednesday, December 8, 2010 at 10 a.m.

No. 29696 - DOUGLAS LEONE and PATRICIA A. PERKINS-LEONE, as Trustees under that certain unrecorded Leone-Perkins Family Trust dated August 26, 1999, as amended, Plaintiffs-Appellants, v. COUNTY OF MAUI, a political subdivision of the State of Hawaii, JEFFERY S. HUNT, in his capacity as Director of the Department of Planning of the County of Maui, DOE ENTITIES 1-50, Defendants-Appellees (CIVIL NO. 07-1-0496).

and

No. 30159 - WILLIAM L. LARSON and NANCY H. LARSON, as Trustees under that certain unrecorded Larson Family Trust dated October 30, 1992, as amended, Plaintiffs-Appellants, v. COUNTY OF MAUI, a political subdivision of the State of Hawaii, JEFFERY S. HUNT, in his capacity as Director of the Department of Planning of the County of Maui, DOE ENTITIES 1-50, Defendants-Appellees (CIVIL NO. 09-1-0413).
            
Attorney(s) for Plaintiffs-Appellants
Andrew V. Beaman, Leroy E. Colombe, and Bethany C.K. Ace (Chun Kerr Dodd Beaman & Wong)

Attorney(s) for Defendants-Appellees
Brian T. Moto, Corporation Counsel and Mary Blaine Johnston, Deputy Corporation Counsel (County of Maui)

COURT: Nakamura, CJ; Foley and  Leonard, JJ.

SPECIAL NOTE:    The above argument will take place in the Supreme Court courtroom on the Second Floor of Aliiolani Hale, 417 South King Street, Honolulu, Hawaii.

[ Listen to the entire audio recording in mp3 format ]

Brief description:

In this consolidated appeal, the Plaintiffs-Appellants seek relief from the Circuit Court of the Second Circuit's (Circuit Court's) dismissal of their claims of inverse condemnation, equal protection and due process violations, and for punitive damages under 42 U.S.C. § 1983.  The Plaintiffs-Appellants argue that their properties have no economically viable use because the County of Maui (County) has prevented them from building a single-family residence on each of their Palauea Beach lots so that the County can continue to use the land as a beach park, without acquiring the properties and compensating the property owners.  The County argues, and the Circuit Court ruled, that the Plaintiffs-Appellants' claims were not ripe because they failed to exhaust their administrative remedies.

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