“In a democracy, the people get the government they deserve” states the old dictum. That pretty much sums up one response to The Wall Street Journal story This Side of Paradise about the “Ohana Kauai” property tax charter amendment case. A WSJ reader proposes: “It’s Simple: Vote Them Out.”
The need to…
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).
Inthat 3-2 decision, the Hawaii Supreme Court over a vociferous dissent,held that friendly government officials have standing to manufacturelawsuits against…
Kauai’s newspaper posts “Ohana amendment decision the result of classic Hawaii politics,” a commentary by Walter Lewis, one of the Kauai homeowners who intervened in the County vs. County lawsuit, an effort by county officials to strike down a voter-enacted property tax relief charter amendment.
The typical lawsuit involves a realcontroversy between …
My thanks to Sandy Brodie and Karlos deTreaux for having me on their “Kauai Soapbox” program today on KKCR-FM 92.7, where we discussed the “Ohana Kauai” property tax charter amendment case and recent decision by the Hawaii Supreme Court.
Stream the podcast here (1 hr):
Or download the podcast here (52mb mp3).
Tune in on Tuesday, Aug. 21, at 4 pm Hawaii Standard Time to the “Kauai Soapbox” radio show on radio KKCR (live streaming audio available).
I’ll be a guest, speaking about the “Ohana Kauai” property tax charter amendment case. Hope you can listen in.
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…
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…
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…
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…
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…
