Thursday, April 02, 2020
Hawai'i Free Press

Current Articles | Archives

Friday, January 04, 2013
Supreme Court Agrees to Hear Sierra Club Koa Ridge Challenge
By Robert Thomas @ 4:10 PM :: 7228 Views :: Environment, Judiciary, Land Use

Quo Warranto Fu: HAWSCT To Review Whether Holdover Land Use Commissioner Disqualified

by Robert Thomas, InverseCondemnation January 4, 2013

In a case we've been following involving the Koa Ridge Makai residential housing project on Oahu, the Hawaii Supreme Court yesterday issued an order accepting the Sierra Club's application for a writ of certiorari in Sierra Club v. Castle & Cooke Homes Hawaii, Inc., No. SCWC-11-0000625.

In the opinion being reviewed, the Intermediate Court of Appeals held that the Hawaii Senate's failure to confirm a sitting Land Use Commissioner for a second term did not disqualify him from office under Haw. Rev. Stat. § 26-34(a).

Oooh, quo warranto. Stay tuned.


Related: Enviros win 90% in Hawaii Supreme Court

Briefs In HAWSCT Land Use Commissioner Qualification Case

by Robert Thomas, January 5, 2013

Here are the briefs in Sierra Club v. Castle & Cooke Homes Hawaii, Inc., No. SCWC-11-0000625 (cert. accepted Jan. 4, 2013). That's the case text we've been following involving the Koa Ridge Makai residential housing project on Oahu. The Intermediate Court of Appeals held the Hawaii Senate's failure to confirm a sitting Land Use Commissioner for a second term did not disqualify him from office under Haw. Rev. Stat. § 26-34(a), thus validating the LUC's vote approving the reclassification of land for the project.

The Supreme Court accepted cert to review a single Question Presented (as framed by the petitioner Sierra Club):

Whether a member of a government board or commission is "disqualified" under Haw. Rev. Stat. § 26-34 and the Hawai‘i State Constitution once his initial term expires and the Senate expressly rejects his reappointment to a second term after duly considering his background, experience, and performance.

The briefs on the cert app:

Under Hawaii's appellate process, these briefs (along with the merits briefs filed by the parties in the ICA) are the only briefs the Supreme Court considers prior to making a decision. Nothing further will be filed unless the court requests additional briefing, which it has not done in this case (and rarely does, in our experience).

Speaking of appellate procedure, the Hawaii rules require a 3-inch margin at the top of the flyleaf to account for the e-filing stamp, as the appellate courts have reminded us several times (see here and here for example), and although it is a darn nuisance and makes briefs look a bit funny, we do so. Looks like the parties are batting .000 in this case, a trend we've noticed especially with briefs by the State of Hawaii in other appeals, where it pretty much ignores this and the other parts of Rule 32(a). Come on guys, this isn't circuit court. Is it that hard to comply?

So who's going to win this case? All we know is don't bet against the Sierra Club in the Hawaii Supreme Court. And whatever the result, expect some benchslapping.



TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

808 State Update AM940


ACA Signups Hawaii



Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii



Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii


Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube


Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes


Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii


National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii


OHA Lies

Opt Out Today

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii


Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii