Here are links to all the posts on the “Ohana Kauai” Charter Amendment case, in which the Hawaii Supreme Court in a 3-2 decision held that friendly government officials have standing to institute lawsuits against each other to challenge a charter amendment enacted by a vote of the people. Chief Justice Ronald Moon authored the
August 2007
▪ Article on Effectiveness of Eminent Domain Legislation After Kelo
By Robert H. Thomas on
Posted in Property rights
Reason Magazine has posted Professor Ilya Somin’s article The Limits of Anti-Kelo Legislation. An excerpt:
Although important progress in protecting property rights has been madein some states, such predictions turned out to be seriously overstated.The Kelo backlash has not been as effective as many expected. Too often, cosmetic changes have taken the place of…
▪ Repost: Briefs in Kauai Property Tax Decision
By Robert H. Thomas on
I’ve been asked to repost the briefs in the Kauai property tax decision.
Here are the merits briefs of the parties, all in Adobe Acrobat (pdf) format:
- Opening Brief of four Kauai homeowners who intervened (2.5mb)
- Appendix to Opening Brief (2.3mb)
- Answering Brief of Kauai County Attorney (2.3mb)
- Answering Brief of Kauai Mayor et
…
▪ Podcast: Rick Hamada Show Commentary on Kauai Property Tax Decision (mp3)
By Robert H. Thomas on
The Rick Hamada show (KHVH 830-AM) discussed the Kauai property tax decision with Hawaii State Senators Colleen Hanabusa (Senate President, D-Waianae) and Sam Slom (R-East Oahu) earlier this week, and has posted a podcast of the radio show (23mb mp3) at HonoluluTownPodcast here.
Discussion begins at the 12 minute mark and ends at the…
▪ More Commentaries on Kauai Property Tax Decision
By Robert H. Thomas on
LegalNewsline posts “Paradise doesn’t include setting own tax rates, Hawaii SC rules.”
“Because [it] usurps the county government’s/county council’s’functions, powers and duties relating to the taxation of realproperty,’ we hold that the Charter Amendment is unconstitutional,”wrote Chief Justice Ronald Moon, with Justices Steven Levinson and Paula Nakayama.
But dissenting Justice Simeon Acoba…
▪ Kauai Property Tax Charter Amendment: Star-Bulletin Editorial Misses The Real Story
By Robert H. Thomas on
The editorial in today’s Honolulu Star-Bulletin, “Court right to reject Kauai tax referendum,” reflects a pretty gross misunderstanding of the issues in the Kauai property tax decision, and of the limited role of the courts in a democratic society.
First, the editorial blows right by the fact that the case was manufactured…
▪ Commentary on Kauai Property Tax Decision
By Robert H. Thomas on
Charlie Foster posts “County sues self. Wins!” at his Planet Kauai blog:
However, the Supreme Court agreed with the lower court that theamendment violated the state constitution. Article VIII, Section 3 ofthe Hawai`i Constitution states that “all functions, powers and dutiesrelating to the taxation of real property shall be exercisedexclusively by the…
▪ Latest News on Kauai Property Tax/Standing Appeal
By Robert H. Thomas on
- Honolulu Advertiser: High Court: Voters can’t set tax rates at ballot box:
A Supreme Court majority of Justices Ronald Moon, Steven Levinson and Paula Nakayama allowed the suit. But in a minority opinion, Supreme Court Justices Simeon Acoba and James Duffy chided the majority for “manipulating the lawsuit so as to create a controversy…
▪ Whose “County” is it, Anyway?
By Robert H. Thomas on
I’m reposting an op-ed published by the Honolulu Advertiser last year regarding the implications of the Kauai property tax case.
Whose county is it, anyway?
According to Kaua’i government officials, how much property tax homeowners pay is an issue too important to be trusted to the people who pay them.
In recent years, the…
▪ Reports of Kauai Property Tax/Standing Appeal
By Robert H. Thomas on
- Court backs county in ‘ohana case – The Garden Island’s report:
The Hawai‘i Supreme Court has invalidated a voter-approved charter amendment its proponents say was intended to save millions in tax bills for thousands of property owners who own their homes and live in them.
In an Aug. 6 ruling, the court permitted the county…