Latest 2 Cases: In re Tax Appeal of Kaheawa Wind Power, LLC v. County of Maui (Constitutional Law), American Savings Bank, F.S.B. v. Chan (Real ...

The Equal Rights Amendment and Article V

MICHAEL C. DORF

Cornell law professor Michael C. Dorf discusses the possible consequences of the Virginia legislature’s ratification of the Equal Rights Amendment (ERA) just last week, becoming the 38th state to do so. Dorf explains why there remains a question as to the validity of Virginia’s ratification, given the Amendment’s purported deadline, and explains why both liberals and conservatives alike should urge Congress to deem the ERA now valid.

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The Framers Would Want You to Know: Alan Dershowitz Is Wrong About Impeachment, and So Is the President

MARCI A. HAMILTON

Marci A. Hamilton, a professor at the University of Pennsylvania, argues that abuse of power is a sufficient ground for presidential impeachment, notwithstanding the argument to the contrary by President Trump’s impeachment defense lawyer, Alan Dershowitz. Hamilton explains that abuse of power by the President was the very fear of the Framers of the Constitution, and to reject it as an impeachable offense would subvert the spirit of the Constitution, as evidenced by the Framers’ debates at the Constitutional Convention.

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In re Tax Appeal of Kaheawa Wind Power, LLC v. County of Maui

Docket: SCAP-17-0000816

Opinion Date: January 21, 2020

Judge: Mark E. Recktenwald

Areas of Law: Constitutional Law, Energy, Oil & Gas Law, Real Estate & Property Law

In this taxation dispute between the County of Maui and Appellees, which leased land on the island of Maui to operate their wind farms, the Supreme Court upheld the Tax Appeals Court's (TAC) final judgment in favor of Appellees, holding that the TAC properly held that the County exceeded its constitutional authority by amending Maui County Code 3.48.005 to expand its definition of "real property" to include "personal property." The County included the value of Appellees' wind turbine in their real property tax assessments and redefined the term "real property" within section 3.48.005 of the MCC to include wind turbines for that purpose. The TAC concluded that the County exceeded its authority under Haw. Const. art. VIII, 3 because the delegates to the 1978 Constitutional Convention did not intend to grant counties the power to redefine "real property." The Supreme Court affirmed, holding that the County exceeded its constitutional power when it amended MCC 6.48.005 to redefine "real property."

American Savings Bank, F.S.B. v. Chan

Docket: SCWC-15-0000309

Opinion Date: January 21, 2020

Judge: Sabrina S. McKenna

Areas of Law: Real Estate & Property Law

In this foreclosure dispute, the Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) affirming the circuit court's determination of lien priority between the Villages of Kapolei Association's (Association) lien and the Hawai'i Housing Finance and Development Corporation's (HHFDC) competing lien and the valuation of HHFDC's senior lien, holding that the ICA did not err. Specifically, the Court held (1) the ICA did not err by affirming the circuit court's alleged retroactive application of Haw. Rev. Stat. 201H-47 to rule that the HHFDC's lien was senior and superior to the Association's liens; (2) the ICA did not err in determining the appraisal process applied; and (3) the ICA did not err by holding that HHFDC had standing to enforce a shared appreciation or equity agreement between another party and HHFDC's predecessor in interest.