This is one post I wish I didn’t have to write. I recently learned that long-time colleague, friend, and kindred spirit Jim Mee passed away in September.

Jim was one of the good guys, a true giant in the Hawaii land use and eminent domain Bar. His accolades are many, his list of professional accomplishments long. I considered him a mentor and a guiding force in the local scene — a colleague who never didn’t have the time to chat with you about difficult issues, even if he was not involved in the case. He’s the lawyer I’d call to trumpet my victories, or to commiserate with if a case didn’t go my way. I knew he’d understand: we were, most often, on the same wavelength.
When we were not, I counted on him to be that objective, outside “you sure you want to argue that?” voice. A lawyer

Continue Reading Aloha, Jim Mee

On the day we celebrate Constitution Day (or should we say Khaaaaan-stitution Day?) we have to admit that pretty much nothing beats One Named Kirk’s reading of the Preamble

KIRK: This was not written for chiefs.Hear me! Hear this! Among my people, we carry many such words as this from many lands, many worlds. Many are equally good and are as well respected, but wherever we have gone, no words have said this thing of importance in quite this way. Look at these three words written larger than the rest, with a special pride never written before or since. Tall words proudly saying We the People. That which you call “Ee’d Plebnista” was not written for the chiefs or the kings or the warriors or the rich and powerful, but for all the people! Down the centuries, you have slurred the meaning of the words: “We

Continue Reading The Real “Prime Directive” – Happy Constitution Day 2021

Every year at this time, it seems, we’re realizing again that as you get older, you forget birthdays. It only occurred to us only over this past weekend that that this blog’s “birthday” was looming and we almost let it slip by without notice. It hardly seems like fifteen years ago that we posted here for the first time.

In law blog years, that’s quite a while.

Because doing this in a vacuum would not be worthwhile, we’d like to recognize those who send us items, who make comments, who give us feedback, and who gently prod with suggestions.

We’d also like to hail our fellow law bloggers who, like us, make the time to share thoughts about the legal issues of the day. Although you’re not quite “Real Men [and Women] of Genius,” today we salute you, Mr. and Ms. Law Blog Blogging Bloggers:


Continue Reading The Way We Are: Entering Our Sixteenth Year!

We don’t have our own regular podcast (should we?) but have had the privilege of appearing on others’ podcasts, and have posted our own audio from time-to-time. Here’s a list:


Continue Reading Podcasts

Screenshot 2021-07-23 at 17-02-01 Subscribe to inversecondemnation com

A note for those of you who subscribe to the blog for email updates and notifications. Our longstanding email feed distributor, Feedburner (by Google) has announced that it is spinning down, and will no longer provide subscriptions and updates to blogs by email.

As a consequence, as of today, Friday, July 23, 201, we’ve migrated our email subscribers to Feedblitz.

For those of you who already receive email updates, you should not need to do anything to continue to receive our updates (although you may need to ensure that the inbound emails are not routed to your Junk Mail or spam folder — look for the email sender “inversecondemnation@outlook.com” or “Feedblitz” if you are not receiving the updates as expected). Drop me a line if you need any help.

Only if you are wanting to add a new email recipient, do you need

Continue Reading Admin Note For Email & RSS Subscribers: Feedburner Is Dead – Long Live Feedblitz

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It’s not quite “Yes Virginia…” but here is our annual Independence Day missive on the legal angle on the Declaration. This may have special significance as the nation is in the process of reexamining many of our assumptions and history. But though the Founders may have been flawed individuals, there’s really no question about the ideas they captured, and thankfully put down on paper for posterity.

Civil Beat published a version of this post here.

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We know lawyers are easy targets (we enjoy lawyer jokes as much as the next person, i.e., What’s the difference between a good lawyer and a great lawyer? A good lawyer knows the law; a great lawyer knows the judge.). Still, as we celebrate our independence, we note that author Thomas Jefferson and 23 other of the 56 signers of the Declaration of Independence were lawyers, and that the document


Continue Reading The Verified Complaint In Equity: The Declaration Of Independence, 2021 Version

What’s this, a court invalidating an attempted taking because it isn’t necessary? What gives, Appellate Court of Illinois?

Well, in City of West Chicago v. Pietrobon, No. 2-20-0174 (Apr. 28, 2021) (unpub.), the court affirmed the trial court’s determination that the taking of a strip of the owner’s property might qualify as a future public purpose, but the facts showed otherwise.

A taking of property for a road seems like one of those “classic” public uses, no?  Here, the city and the developer (the neighbor of Pietrobon) apparently believed that the property on which the road was contemplated was public property. Not so. It turned out that Pietrobon actually owned the land. So condemnation followed.

The first time the case went up to the appellate court, it concluded that the condemnor had established a prima facie public purpose taking. Yes, the taking was for the benefit of the neighbor

Continue Reading Ill App (unpub, unfortunately) Strikes Down Taking For Road To Be Owned By The Public

Some news: as of today, February 1, 2021, I am joining my long-time friends at Pacific Legal Foundation, and as I noted in this post (“Announcement, pt. 1: Let’s Just Kiss And Say Goodbye“), have retired from the private practice of law and my firm, Damon Key Leong Kupchak Hastert.

What’s going to change now that I’m entering public-interest lawyering? Not this blog, which will continue in the same format. And I’ll still be working with outstanding lawyers (just a different lineup card). But some things will be new: I won’t be representing private clients and will go all-in on pro bono representation in cases that both help clients, and shape the law. I won’t be focused mostly on Hawaii (and California), but will pick up PLF’s national perspective. And you may find me at a different address.

Why now, after more than three decades in

Continue Reading Announcement, pt. 2: Goodbye, Hello

Some news: as of yesterday, January 31, 2021, I have retired from the private practice of law, and from my long-time spot as a Director (partner) in Damon Key Leong Kupchak Hastert.

I’m not leaving the practice of law (this blog will continue in the same format) it’s just that I will not be in private practice – more on that here – and will not continue on under the same roof as I have since 1987 (and even earlier; I was a summer associate at Damon Key during law school).

Before I let you know about the new gig, let me say that I love the lawyers with whom I have practiced literally since I was first called to the Bar over three decades ago. Were I remaining in private practice, there’s nowhere else but Damon Key I would do it. Over the years, I have

Continue Reading Announcement, pt. 1: Let’s Just Kiss And Say Goodbye