It finally happened,
Issues to watch:
- Will the court dismiss the case for failure of claimant to exhaust administrative remedies?
- Will a facial takings challenge of the ordinance be successful in light of Lingle v. Chevron?
- Will a court finally call a spade a spade and hold that impact fees are the same as in-lieu fees under HRS sec. 46-141, et seq. ; therefore, affordable housing in-lieu fees are are prohibited by state law?
- If this ordinance is deemed unconstitutional, will similar measures in Hawaii County and Kauai County also be challenged?