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 19 minute mark. An excerpt:
SEN. SAM SLOM: The interesting thing about this — of course it’s a blow to taxpayers — and a blow to voters, and a blow to those of us that really believe in home rule. But the interesting thing about the ruling in this case, was the 3-2 ruling. And the fact that …
SEN. COLLEEN HANABUSA: We’ve had a lot of those…
SEN. SAM SLOM: All of a sudden. I mean remember when everything was 5-0?
RICK HAMADA: Everything was 5-0.
SEN. COLLEEN HANABUSA: Oh it hasn’t been for a long time on the supreme court.
SEN. SAM SLOM: Not for a while. But the interesting makeup here was Acoba — Justices Acoba and Duffy, who voted in the minority — which actually is the right decision — and boy, did Acoba slam the chief justice Moon. And rightfully so. The words that he used — and I read the briefs — I read the opinions — he used the word “manipulate” three times. And that’s exactly what the chief justice did in reaching their ruling. I mean, they took two ends of the same defendants and made them into plaintiffs, you know, in the appellate process. As if, you know, they were opposing parties. But they were both on the same side. And they really dissed the idea that the taxpayers can have something to do with this. The facts of the case are not in dispute. The fact that the counties have the power is not in dispute. But this has tremendous ramifications not only for Kauai, but for Let Honolulu Vote, and for any opportunity for taxpayers to get a handle on real property taxes, and other taxes by “the counties.”
SEN. COLLEEN HANABUSA: You know, I think the interesting thing was that — I didn’t read this opinion, I read the Ninth Circuit opinion on the other case we are going to talk about [the challenge to OHA]. On this one, when you look at it, it seems to be on the same basic issue, which is standing. Because I think what the minority, or dissenting opinion, was going to say, was trying to say, was that we don’t have a controversy. So we shouldn’t even cover this.
SEN. SAM SLOM. Create one.
SEN. COLLEEN HANABUSA: And therefore, it should — the lower court’s ruling should stand is really what it is. And the issue of standing — who can come forward to even challenge it — and you had, from what I can understand, it’s the council, its kind of split on both sides…
SEN. SAM SLOM: Right. Right. Kauai Council.
SEN. COLLEEN HANABUSA: And they are fighting each other. And they don’t really care, because they voted — I would guess — to put this on the charter amendment, or something along those lines. And then, let it go accordingly. So to create a dispute — and even Baptiste isn’t saying there is a true controversy — the question is at what point does the judiciary then step in.
SEN. SAM SLOM: Instead of ruling on something versus making — not only making the law — but rearranging the people. That’s what — I mean that was a really sharp dissent by Acoba. I was really surprised, quite frankly.
SEN. COLLEEN HANABUSA: This is an interesting grouping, because you know that Duffy has all those — Governor Lingle put Duffy on. Duffy has always been Ben Cayetano’s choice. Because when Mario Ramil was put on, he just went ballistic on it. And he said it should have been Duffy.
* * * *
SEN. SAM SLOM: But, you’ve got to take your hat off to Pacific Legal Foundation and Robert Thomas who has done such a yeoman’s job, and he is one of the top attorneys in the country in terms of eminent domain and property rights and all that — and if you go back to the origins of this case on Kauai, the government officials laughed and pooh-poohed at this group of citizens and property owners that they weren’t going to get anywhere at all. Not only did they get anywhere, they won their case and everything else. And that’s why it takes certain members of the state supreme court to, you know, unlawfully and inappropriately interfere with the judicial process. And thank god the CJ will be forced to retire, when, in two years? Three years?
SEN. COLLEEN HANABUSA: No, his term is 2010. September 2010.