LITIGATION
Status of HRPT v. Lingle
This legal battle is over recently-enacted Act 189. That law says when a long term ground lease calls for "fair and reasonable" rents, those rents must be fair and reasonable to both the lessor and the lessee. Lessor HRPT has filed suit against the State of Hawaii challenging the constitutionality of the law, and that suit is now pending in the U.S. District Court for the District of Hawaii. CFV filed a motion to intervene in the case so that it can participate in defending the constitutionality of this statute. That motion was heard on October 20, 2009. HRPT opposed the motion, but Judge Kevin Chang granted it over their objection. Click here to see the order.
Since then, cross motions for summary judgment have been filed and argued, and all of them have been denied. Judge Mollway has asked the parties to do discovery on the intentions and expectations of the parties to the lease at issue. HRPT has again moved for summary judgment, and the State Attorney General and CFV will be opposing that motion and will again make cross motions for summary judgment. Those motions are presently scheduled for hearing on May 10, 2010.
Below is a listing of the pleadings that have been filed in the case.
• The Court Documents
This legal battle is over recently-enacted Act 189. That law says when a long term ground lease calls for "fair and reasonable" rents, those rents must be fair and reasonable to both the lessor and the lessee. Lessor HRPT has filed suit against the State of Hawaii challenging the constitutionality of the law, and that suit is now pending in the U.S. District Court for the District of Hawaii. CFV filed a motion to intervene in the case so that it can participate in defending the constitutionality of this statute. That motion was heard on October 20, 2009. HRPT opposed the motion, but Judge Kevin Chang granted it over their objection. Click here to see the order.
Since then, cross motions for summary judgment have been filed and argued, and all of them have been denied. Judge Mollway has asked the parties to do discovery on the intentions and expectations of the parties to the lease at issue. HRPT has again moved for summary judgment, and the State Attorney General and CFV will be opposing that motion and will again make cross motions for summary judgment. Those motions are presently scheduled for hearing on May 10, 2010.
Below is a listing of the pleadings that have been filed in the case.
• The Court Documents