In High court ruling on residency requested, the Maui News reports on Dupree v. Hiraga, No. 29464, the appeal of the decision by the State Board of Registration (County of Maui) which concluded that a Maui County councilperson who registered as a Lanai resident is actually a resident of Maui.
Attorneys for a Lanai man challenging County Council Member SolKaho’ohalahala’s claim of Lanai residency are applying for the case tobe transferred directly to the Hawaii Supreme Court.
Kaho’ohalahala’sappeal of a ruling that he is actually a resident of Lahaina – notLanai, from which he holds the residency seat on the council – ispending before the Intermediate Court of Appeals. But attorneys for hischallenger, Michael “Phoenix” Dupree, said the importance of the casejustifies a move to the Supreme Court, and asked for the case to beexpedited.
“Whether an individual who is registered as a residentof one district may register in another district and vote in anelection merely by declaring that he has an intent to make the newdistrict his residence is an issue of fundamental importance,” Dupree’sattorneys wrote in court documents.
Disclosure: we represent the challenger.
As noted in the story, we recently applied to the Hawaii Supreme Court for a transfer of the case from the Intermediate Court of Appeals to the Supreme Court, and for expedited consideration pursuant to Haw. Rev. Stat. § 11-52 (1993). Transfer of an appeal from the ICA to the Supreme Court is mandatory if the appeal involves “a question of imperative or fundamental public importance.” Transfer is discretionary if it involves “a question of first impression or a novel legal question.” Haw. Rev. Stat. § 602-58 (1993). Appeals of residency issues are of great public importance and are subject to speedy resolution under section 11-52, which provides “[w]hen the appeal is perfected, the court shall hear the appeal as soon thereafter as may be reasonable.”
More on the appeal here, including the briefs of the parties.