Court remands TMT sublease

[TomK]

"[...]I still feel that its been the operation or reputation of the many past and presently illegal rubber-stamped telescopes that have been atop Maunakea[...]"

1) Interesting to find out I work for an illegal operation, and;

2) Disingenuous and baseless comments like this are the reason Gypsy laments "Wish I knew how to leave those happy faces Opihikao leaves, my attempts always come out as a serial #.".

[oink]

Hence my bewilderment comment in another thread.

Pua`a
S. FL
Big Islander to be.

[Guest]

TomK, Its only my opinion that all those monster observatories after the first one are rubber-stamped illegally. I feel it is time to clean up the top of maunakea from all the pilau promises, lies, wrongs, and garbage including those moon shaped tin cans you work in. Please don't take offense to my jiberish, I am only trying to explain how I feel, Much like you do when you write things like what you think are reasonable request for the TMT reps to be at the CONTESTED case hearing table due to their amount of Money lost. They (TMT) should have no right to be at that table if you ask me, just like they had no right to be on top of our mountain to begin with. The corruption stinks from the top to bottom and I find it hard to trust any level of government in Hawaii right now,jmo.

http://www.civilbeat.com/2016/04/survey-...s-corrupt/

This was only a recent reporters survey. Makes me wonder how the actual majority of local people feel about our current state and the possibility of corruption these days?

[HereOnThePrimalEdge]

Its only my opinion that all those monster observatories after the first one are rubber-stamped illegally.

For something to be illegal, it has to be against a legal statute in place at the time of the action. For instance, if a person drank alcohol before prohibition it was legal. After prohibition, illegal. After the repeal of prohibition, legal again.

It's not the act of drinking alcohol, or the opinion of drinkers or non-drinkers that makes it illegal, it's the law that's on the books.

Because a person doesn't like the observatories on Mauna Kea doesn't make them illegal, although that hasn't stop the Protectors from stating that repeatedly until some people start to believe it.

"How we spend our days is, of course, how we spend our lives." -Annie Dillard

[kalakoa]

For something to be illegal, it has to be against a legal statute in place at the time of the action.

Such as ... granting final subdivision plat approval before the required infrastructure has been built? Here it is 50 years later -- somehow nobody has been prosecuted -- so it's probably safe to assume that any land-use which creates sufficient revenue is "legal" for all intents and purposes.

(Yes, I try to avoid that "same old rant" -- it's just too relevant here, and provides the perfect test case if anyone actually wants to argue "land-use legality issues"... bring it on.)

[HereOnThePrimalEdge]

granting final subdivision plat approval before the required infrastructure

Then there are situations where something may not be legal, but the powers that be choose not to pay attention or enforce. I regularly drive 5-7 MPH over the speed limit and never get a ticket. A police officer could write a speeding ticket, but they don't.

"How we spend our days is, of course, how we spend our lives." -Annie Dillard

[TomK]

It's been quite a while since I last saw someone hijack their own thread...

[Guest]

Just updating the current situation with another well written article, although a bit one sided towards the good faith of astronomers it is informative. Better late than never to try and build a relationship with those who share your wonder of Maunakea, universe, and island environment.

http://www.hawaiibusiness.com/whats-astr...in-hawaii/

Very concerning that It once looked like a done deal that the 2033 lease for the summit from the university, would have been extended without listening to community concerns once the TMT was built(once again). All other observatories atop Maunakea should start to worry or at least be a bit uncertain now too, because people do not like to have their kindness taken advantage of. Most good folks or residents here may believe in equality, fairness, contracts, handshakes, laws, promises or words to be honored. Jmo

[kalakoa]

http://www.hawaiitribune-herald.com/news...se-appeals

House Bill 1581 would allow challenges to decisions considered to have significant statewide importance to go directly to the state Supreme Court

Predictably, the protectors don't really want the process to be any faster:

petitioner Kealoha Pisciotta said the Legislature should not force any judicial steps to be skipped.

"They are meant to go slower than we like," she said of the courts. "That makes them deliberative."

[kalakoa]

almost as if it's being specially enacted for one purpose and one purpose only

2019 is a popular sunset date which appears elsewhere in the HRS.

this looks like the state squirming to avoid their own laws all over again.

Yes: "If they just put half as much effort into actually working through the existing system..."

Can't wait to see new arguments about how skipping ahead to a higher court is somehow a "violation of due process"...

Sigh.