George Peabody Citizens Right of Way Dedication at Pukoo Committee v. Maud Van Cortland Hill Schroll Trust, and James M. Dombroski

After a failed attempt to remove a case to federal court, Attorney Dombroski filed a second removal petition, presenting arguments the district court had previously rejected. The district court again ruled that the case belonged in state court, and imposed sanctions on the attorney. Dombro-ski appeals the sanctions,

I. FACTS and PRIOR PROCEEDINGS

The underlying action involved a claimed public right of access to Pukoo Lagoon, located on the southeastern shore of the island of Molokai. The lagoon was formerly a fishpond used by native Hawaiians to catch and breed fish. In the 1970s, the then-owner of Pukoo fishpond, Canadian-Hawaiian Developers (“CHD”), decided to dredge and fill the fishpond to convert it into a cloverleaf-shaped lagoon and beach for the hotel and condominium resort CHD was constructing at the site.

Pursuant to 33 U.S.C. § 403 (1982), a dredging permit from the United States Army Corps of Engineers (“the Corps”) was required. The Corps issued a permit conditioned on CHD’s allowance of “the full and free use by the public of all navigable waters at or adjacent to the structure or work authorized by this permit.” CHD completed the offshore dredging work, and…