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Justia Daily Opinion Summaries

Supreme Court of Hawaii
December 18, 2020

Table of Contents

DW Aina Le'a Development, LLC v. State Land Use Commission

Constitutional Law, Real Estate & Property Law

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Supreme Court of Hawaii Opinions

DW Aina Le'a Development, LLC v. State Land Use Commission

Docket: SCCQ-19-0000156

Opinion Date: December 17, 2020

Judge: Mark E. Recktenwald

Areas of Law: Constitutional Law, Real Estate & Property Law

In response to a question certified to it by the United States Court of Appeals for the Ninth Circuit the Supreme Court answered that the statute of limitations for a regulatory takings claim brought under the Hawai'i Constitution is six years pursuant to the catch-all statute of limitations in Haw. Rev. Stat. 657-1(4). The underlying dispute arose from the State Land Use Commission's (LUC) reclassification in 2011 of 1,060 acres of land in South Kohala on Hawai'i Island. In 2017, DW Aina Le'a Development (DW) filed this complaint alleging that the reclassification was an unconstitutional taking because the LUC failed to compensate DW for damages resulting from the land's reclassification. The federal district court dismissed the case, applying the two-year statute of limitations found in Haw. Rev. Stat. 657-7. LW appealed, arguing that the "catch-all" six-year statute of limitations applied to the action. The Ninth Circuit certified to the question to the Supreme Court. The Supreme Court held that the statute of limitations for a takings claim under the Hawai'i Constitution is six years pursuant to Haw. Rev. Code 657-1(4).

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