and Mark Murakami were quoted in the Pacific Business News story "Land acquisition for rail could face legal action down the track" (Mar. 15, 2013).
"Kenneth Kupchak, president of the Honolulu-based law firm Damon Key Leong Kupchak Hastert, said that with so many properties yet to be acquired, he expects to see an increase in the number of eminent domain cases along rail's route, especially when HART gets closer to starting construction in Downtown Honolulu and Kakaako. 'There are a number of people along the rail line who are seeking counsel and appraisers' assistance,' he said. 'I'm anticipating there will be litigation.' He said some property owners along the route between Kapolei and Ala Moana Center already have contacted his law firm, but he declined to name them.
, the attorney representing Huapala Senior Care, said the lawsuit was filed because the City, after giving assurances for a number of months that the project could proceed, moved to stop the buildout about six months ago.
"In August of last year," Kupchak
said, "my client was told by the City that his
project was conditionally approved, so long as there would be construction of a relief sewer line in the area by Huapala Senior Care."
Soon after, Kupchak
said, the City Permitting Office also issued a demolition permit for some older structures on the property and, in December, 2011, issued a permit allowing Huapala to construct four building foundations for the new senior living facilities.
The four foundations were then built out at a cost in excess of $300,000.
However, in March of this year, seven months after giving its conditional approval, the City Permitting Office, in correspondence with the Huapala group, said that there were concerns with the project's sewer flow and thus the development would need to be revised.
According to Kupchak
, Huapala management
believed that it was entitled to a direct sewer connection based upon its plans, but "if the City had legal grounds to deny that, my client knew it could rely on an approved diversion as a worst case and that is why they proceeded to purchase the property."
Attorneys specializing in rail-related issues include Kenneth R. Kupchak
, Gregory W. Kugle, Anna H. Oshiro (construction and procurement), Robert H. Thomas, Mark M. Murakami, Tred R. Eyerly (insurance), Christi-Anne H. Kudo Chock and Matthew T. Evans.
Damon Key Leong Kupchak Hastert attorneys Kenneth R. Kupchak, director; Anna H. Oshiro, director; and Tred Eyerly, associate; co-authored the construction and bond chapters in the second volume of the Hawaii Real Estate Law Manual.
presented on the land use chapter and, with Oshiro
, on the construction and bond chapters at the Hawaii State Bar Association's
conference September 18.
Kupchak is a Fellow in the American College of Construction Lawyers, and has served on the governing committee of the American Bar Association's Forum on the Construction Industry.
was recognized in Best Lawyers in Hawaii in construction, mergers and acquisitions and commercial litigation.
Damon Key attorneys Ken Kupchak, Robert Thomas, and Christi-Anne Kudo Chock represented the Lanai voter who prevailed in the appeal.
Kenneth R. Kupchak
and Anna Oshiro, firm directors, presented to the Hawaii State Bar Association's
Sept. 18 convention on construction and bond chapters of the Hawaii Real Estate Manual.
also presented on the land use chapter.
and firm associate Tred Eyerly co-authored the construction bond chapter of the Manual.
Kenneth Kupchak, Diane Hastert, James McWhinnie and Douglas Smith have been named Best Lawyers of 2009 by the vote of their peers.
, Diane Hastert and Jim McWhinnie have practices involving complex litigation.