August 2010

Update: The court issued its opinion this morning.

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Is there anyone who can resist, when something Nantucket-related (mostly SFW) comes up, to launch into a limerick? We sure couldn’t.

But we will spare you our bad poetry this time, and instead focus on an appeal now under consideration by the Supreme Judicial Court of Massachusetts that is similar to a case now under consideration by the Hawaii Intermediate Court of Appeals. Both involve Torrens-titled property and claims of “public trust.” The timing is fortuitous — but coincidental — since Massachusetts and Hawaii are two of the last states to retain “Land Court” (Torrens) registration systems. What are the chances that two cases with similar issues are making their way up the chain?

In Arno v. Commonwealth of Massachusetts, No. SJC-10559 (argued Mar. 24, 2010), the SJC is considering whether property on Nantucket is subject

Continue Reading There Once Was Some Land In Nantucket … Mass SJC Considering Public Trust And Torrens Title Case

More prominent members of the Bar have added their support to the appointment of Intermediate Court of Appeals Judge Katherine Leonard as the next Chief Justice of the Hawaii Supreme Court:

  • Seitz Attack on Kate Leonard completely inappropriate – Honolulu attorney Jay Fidell writes: “Eric Seitz’ overblown opposition to Supreme Court nominee Kate Leonard should not have been dignified by an article reporting his views to the Bar Association without covering the views of other lawyers on the subject.

    On a mission, he said he spoke with 40 people who had “concerns” about Kate Leonard’s appointment, not because she isn’t a brilliant lawyer and judge, but because she doesn’t have “administrative experience.” At 15 minutes per conversation, that would have been 10 hours of talk within only days after the nomination. I don’t believe it, particularly since he declined to identify them.”


Continue Reading More Weigh In On Leonard Appointment As Hawaii Chief Justice