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September 01, 2007

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

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). 

In that 3-2 decision, the Hawaii Supreme Court over a vociferous dissent, held that friendly government officials have standing to manufacture lawsuits against each other to challenge a charter amendment enacted by a vote of the people, and that the Hawaii Constitution delegates property 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 statement to say that giving residents power over taxes was an "absurd proposition."

Full article here.  One WSJ reader's response here.

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