Monday, July 15, 2024
Hawai'i Free Press

Current Articles | Archives

Tuesday, August 29, 2023
Maui Court Issues ‘Writ of Quo Warranto’ vs Green’s July 17 Housing Proclamation
By News Release @ 7:36 PM :: 2800 Views :: Ethics, Development, Land Use

Maui Court Issues ‘Writ of Quo Warranto’ vs Green’s July 17 Housing Proclamation

Press Release from Law Office of Lance D Collins  Aug 29, 2023

Lahaina -- West Maui kama'aina Leonoard Nakoa III and Daniel Palakiko have joined with residents across the state in challenging the legality of the governor's July 17 Emergency Proclamation on Housing.

Earlier today, Second Circuit Court Chief Judge Peter T. Cahill found probable cause to issue a writ of quo warranto directed to Nani Medeiros, the so-called "lead housing officer" and the Build Beyond Barriers Working Group, both established by the proclamation. The writ orders them to appear in Maui Circuit Court to answer the petition.

The governor’s proclamation states the century-long affordable housing shortage constitutes an emergency requiring immediate intervention. These interventions suspend a wide range of laws and introduced the governor-appointed working group and Lead Housing Officer to determine when they apply. Nothing in the emergency proclamation requires the production of affordable housing, rather it is one of several considerations. “Affordable housing” under the proclamation is 140% of  average median income, or $118,950 for a single person household.

The petitioning hui of local residents are very concerned by the governor’s use of emergency powers to legislate radical policy changes into law affecting everything from protection of iwi kūpuna and prevailing wages to ensuring payment of school impact fees.

The petition has two counts. The first count asserts that that the century-long shortage of housing does not constitute an "emergency" within the definition of the emergency management law or that the emergency declaration otherwise violates the constitutional right that limiting the use of the martial law or the suspension of laws. The second count asserts that amending or modifying of various statutes exceeds the governor's authority granted in the emergency management law or otherwise violates the constitutional separation of powers.

Petitioners are Leonard "Junya" Nakoa III, Daniel Palakiko, Tom Coffman, Llewelyn (Billy) Kaohelauli'i, Val Turalde, Elizabeth Okinaka, Tom Keali'i Kanahele, Ellen Ebata, Rupert Rowe, and Jeffrey Lindner.

"Protections put in place for our iwi kupuna over the last thirty years is not a reason why Hawai'i has had a shortage of affordable housing for the last hundred," said Petitioner Leonard "Junya" Nakoa.

"The proclamation usurps all government power into the hands of one unelected former lobbyist. It is a direct threat to our democracy," said Petitioner Tom Coffman.


PDF: Quo Warranto Petition

PDF: Quo Warranto Order

RELATED: Housing Emergency Designed to Fail

What is a "Writ of Quo Warranto"?  --  In law, especially English and American common law, quo warranto (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold. -- Wikipedia


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii