{"id":13328,"date":"2021-03-04T20:30:40","date_gmt":"2021-03-04T20:30:40","guid":{"rendered":"https:\/\/www.environment-hawaii.org\/?p=13328"},"modified":"2021-03-04T21:13:32","modified_gmt":"2021-03-04T21:13:32","slug":"u-s-supreme-court-rejects-bridge-%ca%bbaina-le%ca%bbas-claim-of-taking","status":"publish","type":"post","link":"https:\/\/environment-hawaii.org\/?p=13328","title":{"rendered":"U.S. Supreme Court Rejects Bridge \u02bbAina Le\u02bba’s Claim of Taking"},"content":{"rendered":"\n

The U.S. Supreme Court has laid to rest, once and for all, the claim of Bridge \u02bbAina Le\u02bba that the state of Hawai\u02bbi owes it money for a temporary taking. That \u201ctaking\u201d claim arises from the Land Use Commission\u2019s 2011 decision to revert Bridge\u2019s land in Kohala to the state Agricultural District. A year later, a state court overturned the LUC\u2019s reversion, a judgment that was upheld ultimately by the Hawai\u02bbi Supreme Court.<\/p>\n\n\n\n

Bridge pursued its claim of damages amounting to more than $30 million in federal court. At the district level, the court found Bridge had suffered damages \u2013 amounting to $1. At the appellate level, the 9th<\/sup> Circuit determined that even that award was unmerited, meaning that Bridge could not seek to recover its costs of litigation from the state, which the company placed at more than $700,000.<\/p>\n\n\n\n

Last July, Bridge appealed to the Supreme Court. On February 22, the Supreme Court denied cert. Justice Clarence Thomas was the sole justice to file a dissent, in which he argued that the precedent-setting Supreme Court cases that addressed takings claims \u2013 Penn Central Transportation Co. v. New York City <\/em>and Lucas v. South Carolina Coastal Council <\/em>\u2013 needed to be clarified by the high court. \u201cThe current doctrine is \u2018so vague and indeterminate that it invites unprincipled, subjective decision making\u2019 dependent upon the decision-maker,\u201d Thomas wrote, quoting an article by John Echeverria, \u201cIs the Penn Central <\/em>Three-Factor Test Ready for History\u2019s Dustbin?\u201d published in the UCLA Journal of Environmental Law and Policy <\/em>(2005).<\/p>\n\n\n\n

\u02bbAina Le\u02bba Update<\/em><\/strong><\/p>\n\n\n\n

Bridge \u02bbAina Le\u02bba no longer owns the 1,060-acre tract that was subject to the reversion order, having sold off all but around 27 acres. One of the predecessors to the current owner, \u02bbAina Le\u02bba, Inc., also filed a takings claim in federal court. As we reported in January, that case \u2013 filed in 2017 by DW \u02bbAina Le\u02bba \u2013 was initially dismissed on the ground that it was untimely filed.<\/p>\n\n\n\n

On appeal, the 9th<\/sup> Circuit Court of Appeals asked the state Supreme Court for a determination on whether a six-year or two-year statute of limitations should be applied. In December, the state Supreme Court ruled that the proper statute of limitations was indeed, as DW \u02bbAina Le\u02bba had argued, the more liberal six years, under a \u201ccatch-all\u201d provision in the state Constitution.<\/p>\n\n\n\n

In light of that ruling, on January 25, the appellate court remanded the case to Honolulu District Court.<\/p>\n\n\n\n

Meanwhile\u2026<\/em><\/strong><\/p>\n\n\n\n

Although the state Supreme Court ruling came down in \u02bbAina Le\u02bba\u2019s favor, it is still facing existential legal challenges.<\/p>\n\n\n\n

Iron Horse Credit, whose loan to \u02bbAina Le\u02bba back in 2019 allowed the company to exit bankruptcy, is seeking to foreclose against \u02bbAina Le\u02bba. Iron Horse\u2019s most recent court filings show a balance owing of $5,944,530.30 as of January 31.<\/p>\n\n\n\n

Iron Horse is asking the 3rd<\/sup> Circuit Court to order the property used to secure the loan be sold at auction. A hearing on the motion is set for April 14.<\/p>\n\n\n\n

On February 22, Hawai\u02bbi County property taxes for 2020 came due. For the 1,000-plus acres owned by \u02bbAina Le\u02bba, the 2020 taxes total $224,785. None of that was paid by the deadline.<\/p>\n\n\n\n

Those are not the only arrearages. Unpaid property taxes from prior years, plus interest and penalties, on the \u2018Aina Le\u2018a holdings come to $657,459.<\/p>\n\n\n\n

— Patricia Tummons<\/em><\/strong><\/p>\n\n\n\n

For Further Reading<\/strong><\/p>\n\n\n\n

Environment Hawai\u02bbi <\/em>has published many articles over the years on the dispute over the \u02bbAina Le\u02bba development. All are available online at our website, environment-hawaii.org.<\/p>\n\n\n\n

Articles dealing with the more recent court cases are:<\/p>\n\n\n\n