September 2007

The Wall Street Journal (Sep. 1, 2007)

This Side of Paradise

By MALIA ZIMMERMAN
September 1, 2007; Page A6

KAUAI, Hawaii — The island of Kauai has long been a magnet for visitors from the mainland as well as the main island. With white sand beaches and turquoise blue water, the island on the northern edge of the Hawaiian chain looks like a picture-perfect Hollywood set.

But there is trouble brewing on this island paradise. Last month, the state’s Supreme Court declared that voters do not have the power to amend Kauai’s County Charter to bring soaring property taxes down to a manageable level. That power is to be reserved for the county’s mayor and governing council.

The ruling serves as a warning for anyone, fresh from the beach, who is tempted to buy that vacation home or retire to that ocean-front property. In Kauai, owning a slice of heaven…

Continue Reading ▪ National Spotlight on on the “Ohana Kauai” Property Tax Charter Amendment Case — Wall Street Journal: “This Side of Paradise”

A recent editorial in the Pittsburgh Tribune-Review, “Fighting Goliath,” has been brought to our attention:

Every once in a great while, government, as a land-grabbing Goliath,gets thumped by the most diminutive David, especially when the formerfails to follow its own policies.

That may cost Philadelphia $497,230 in damages, plus the plaintiffs’ legal fees.

It began when Ed and Debbie Munoz, in pursuit of the American dream,put up their New Jersey home and borrowed $1 million to buy a groceryand garden center in Juniata Park. Afterward the couple learned –secondhand through customers — that their business was in thefootprint of a planned housing development.

Complete commentary here (original posted here).  Continue Reading ▪ David Wins One Against Goliath

The Wall Street Journal posts “This Side of Paradise,” about the “Ohana Kauai” property tax Charter Amendment case, County of Kauai ex rel. Nakazawa v. Baptiste, No. 27351 (Aug. 6, 2007). 

Inthat 3-2 decision, the Hawaii Supreme Court over a vociferous dissent,held that friendly government officials have standing to manufacturelawsuits against each other to challenge a charter amendment enacted bya vote of the people, and that the Hawaii Constitution delegatesproperty tax power exclusively to “county councils.”

The Pacific Legal Foundation’s Robert Thomas stepped in, arguing the case before the Hawaii Supreme Court on Feb. 15, 2007, on behalf of four property owners. Honolulu attorney Gary Slovin, for the county, countered that allowing people to vote on taxes would create “chaos.” A few members of the County Council publicly agreed. The Hawaii Government Employees Association, fearing government jobs held by union members might be cut, issued a…

Continue Reading ▪ National Spotlight on the “Ohana Kauai” Property Tax Charter Amendment Case — Wall Street Journal: “This Side of Paradise”

Nineteen months after the briefing was completed, but only several days before the Superferry was scheduled to commence operation, the Hawaii Supreme Court issued a unanimous order, holding that the State’s decision to exempt the improvements to Kahului Harbor necessary for the Superferry’s operation from an environmental assessment was erroneous.  The Order noted that an opinion of the court would follow.  The opinion followed today. 

No real surprises, but the court’s analysis of “procedural standing” and when a court should defer to an administrative agency’s determination will make good fodder for a law review article.  Charley Foster’s summary here, and the Honolulu Advertiser’s story here.

Briefs of the parties are posted here.Continue Reading ▪ HAWSCT Issues Opinion in Hawaii Superferry EIS Appeal