Legal Opinion

HRPT Properties Trust v. Lingle

District Court, D. Hawaii

Decided December 23, 2009No. Civ. 09-00375 SOM/KSCPublishedCited by 2 opinions

1Opinion of the Court

Order denying plaintiffs and DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

SUSAN OKI MOLLWAY, Chief Judge.

I. INTRODUCTION

This court is asked to decide whether a 2009 Hawaii law defining a term in existing commercial and industrial leases is constitutional. Plaintiff HRPT Properties Trust, together with its affiliates, owns commercial properties in Hawaii that it leases pursuant to long-term leases that require appraisers to set “fair and reasonable” annual rent if the parties fail to agree on rent. HRPT challenges the new law, which purports to define that lease term, as violative of the United…

2Cases cited19 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Safe Air for Everyone v. MeyerCourt of Appeals for the Ninth Circuit · 2004
  3. Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983
  4. Stormans, Inc. v. SeleckyCourt of Appeals for the Ninth Circuit · 2009
  5. William St. Clair John Shelton v. City of Chico County of ButteCourt of Appeals for the Ninth Circuit · 1989

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3Cited by2 opinions

  1. Daniels v. DonahoeDistrict Court, D. Hawaii · 2012
  2. HRPT Properties Trust v. LingleDistrict Court, D. Hawaii · 2010

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