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the law has changed to allow appeals to go straight to the Hawaii Supreme Court
As soon as this new clause is invoked, someone will have standing to challenge this modification of the laws.
State should just legislate a "sacredness surcharge" with a simple formula, similar to the way geothermal royalties allow revenue redirection to those afflicted by the existence of geothermal. Sure, it will make development more expensive, but that was going to happen anyway, might as well streamline the process.
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Aloha all. I've been watching (and have attended) the contested case hearing at the Naniloa, almost in it's entirety so far. This process is extremely excruciating to observe, at best.
It is my strong opinion that the ONLY ONE in the entire room who has impressed me, is Judge Amano. God bless that woman for accepting this incomprehensible position as the Hearing Officer.
Both sides are manipulative (which is expected), both sides are ill prepared (yes, BOTH sides), and both sides are "getting schooled" by Judge Amano. SMH, to all of it.
It is my hope that in the future, the entire "process" will be followed to the letter of the law, and not have these kinds of legal machinations dictate what is best for ALL concerned. Again, on BOTH sides; documents and exhibits are horrendous, even the lawyers for the State, UH & TMT have incomplete documents, or documents that are altered, without Amano's knowledge! Unbelievable, well, maybe not, given what is at stake.
Whatever the outcome of this Contested Case Hearing, the decision will be appealed, and even with the new law re: Supreme Court, it will be appealed, which costs more time, and money for ALL of us.
Again, my only purpose for posting here is to commend Judge Amano who has the patience of a Saint, and continues to "educate" BOTH sides of this issue. She is also giving/sharing alot of legal knowledge, as to "due process", which I hope many are taking advantage of. What a brilliant woman! Judge Amano is the epitome of a "Judge". God bless her.
FWIW/JMO.
P.S. A wise carpenter taught me, "measure twice, cut once". The State of Hawaii, et al., could learn from that lesson.
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Thanks, Opihikao. I agree with your assessment of Judge Amano.
I was curious if you could help with something. One of the latest documents regarding the case was written in Hawaiian. I know a few Hawaiian words but that's about it. I don't know if you're proficient or not, but wondered if you or someone else could translate:
https://dlnr.hawaii.gov/mk/files/2016/10...Kanuha.pdf
(via http://dlnr.hawaii.gov/mk/documents-library/)
I should also add that the author, Kanuha, has submitted documents for the contested case hearing in English in the past, so am not sure why this one is in Hawaiian.
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not sure why this one is in Hawaiian
Laying groundwork for another appeal would be my guess.
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quote:
Originally posted by TomK
I was curious if you could help with something. One of the latest documents regarding the case was written in Hawaiian. I know a few Hawaiian words but that's about it. I don't know if you're proficient or not, but wondered if you or someone else could translate:
https://dlnr.hawaii.gov/mk/files/2016/10...Kanuha.pdf
(via http://dlnr.hawaii.gov/mk/documents-library/)
I used Google Translate to convert this document to English. This is what the document says:
"Here's C. M. Kaho'okahi reluctant to ask to change my data contact of updating the Contact Certificate (Certificate of Service). On this day, 24 October 2016, requesting that I was reluctant to waive Kaho'okahi to My email addresses appear in the Annual Report and our state of kahookahi@gmail.com.
For plenty of information available to me, I problem When in the email that sent me. Therefore, it man'o from this first, to send documents to me the email addresses: kahookahi.kukiaimauna@gmail.com. Here again, I ask that I be updating the communication with Contact us report this data again."
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quote:
Originally posted by TomK
Thanks, Opihikao. I agree with your assessment of Judge Amano.
I was curious if you could help with something. One of the latest documents regarding the case was written in Hawaiian. I know a few Hawaiian words but that's about it. I don't know if you're proficient or not, but wondered if you or someone else could translate:
https://dlnr.hawaii.gov/mk/files/2016/10...Kanuha.pdf
(via http://dlnr.hawaii.gov/mk/documents-library/)
I should also add that the author, Kanuha, has submitted documents for the contested case hearing in English in the past, so am not sure why this one is in Hawaiian.
Aloha, Mr. Tom. The testimony submitted in Hawaiian utilizes some "new olelo", not the "old olelo" we grew up with, so it is somewhat foreign to me.
Nevertheless, Judge Amano addressed this yesterday with Mr. Kanuha and instructed him to submit his testimony in English so that she can understand. He agreed. (She handled it beautifully.)
JMO.
This contested case hearing has been like watching a badly scripted play or talent show, A predictable "fixed" ending is expected at this point of the show. jmo
Now i see Why the State or BLNR may have purposely skipped this part of the legal process and issued the TMT's construction permits before the Contested case hearing. To possibly save a lot of time, money, and face throughout the world. jmo
Do the TMT's project facts, impacts, issues, developments and concerns like this contested case hearing really get relayed off Island accurately by TMT rep folks like Mr Yang or Ms Dawson anyway?
This past article about the TMT's ground breaking ceremony on Mauna Kea was allowed to be very misleading and disrespectful is why i ask.
http://dailynexus.com/2014-10-16/yang-br...telescope/
Many of The Canadians may be really pissed off by now that this TMT project has not produced the 800 or more promised high paying jobs for their countries people yet. Wonder What news or reports the Canadian people are hearing or reading that may be causing those jobs to be delayed. Many around the world may be under the impression that Big island residents and protectors have caused this potentially long delay or mess with the TMT, rather than the truth. jmo
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The Canadians may be really pissed off by now that this TMT project has not produced the 800 or more promised high paying jobs
Then they should seek relief under NAFTA.
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Many around the world may be under the impression that Big island residents and protectors have caused this potentially long delay or mess with the TMT, rather than the truth. jmo
Yes, if only we could get some agents like Scully & Mulder from the X-Files to fly to the Big Island, because I'm sure the real truth is out here, somewhere. It's hard to imagine why work on the project stopped, after they began construction.
Something is wrong, I know it, if I don't keep my attention on eternity. Mary Oliver
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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Are you even vaguely aware of how you sound to others, Gypsy?
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