United States Ninth Circuit

In an action raising the issue of whether the Constitution imposes any limit on the City of Honolulu's power to repudiate a contract to convey property to a private citizen in connection with its leasehold conversion program, summary judgment for the city is vacated and remanded where: 1) contrary to the ruling below, the heightened scrutiny test of U.S. Trust Co. v. New Jersey, 431 U.S. 1 (1977), provides the mandatory analysis for a Contracts Clause claim and further development of the record was required for analysis under that test; and 2) a due process claim also requires further consideration.

Appellate Information

• Argued 11/02/2007
• Decided 01/14/2008
• Published 01/14/2008

Judges

• O'SCANNLAIN, Circuit Judge., Before:  DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David A. Nakashima, Alston Hunt Floyd & Ing, Honolulu, Hawaii, argued the cause for the plaintiffs-appellants, and filed briefs;  Lerisa L. Heroldt and Clyde J. Wadsworth, Alston Hunt Floyd & Ing, Honolulu, Hawaii, were on the briefs.


• For Appellees:
  
• Don S. Kitaoka, Deputy Corporation Counsel, City and County of Honolulu, Hawaii, argued the cause for the defendant-appellee and filed a brief;  Carrie K.S. Okinaga, Corporation Counsel, Paul M. Iguchi and Derek T. Mayeshiro, Deputy Corporation Counsels, City and County of Honolulu, Hawaii, were on the briefs.