TMT - Contested Case Hearing Status - Hilo

[TomK]

The Temple of Lono is now complaining that the UHH and TMT filed objections on March 16th, which was the deadline for filing objections.

https://dlnr.hawaii.gov/mk/files/2017/03/546-Lono.pdf

Will this idiocy ever end?

[quasar]

There has been a minute order setting some upcoming dates. https://dlnr.hawaii.gov/mk/files/2017/04...der-43.pdf

May 30th - deadline for "Findings of Fact & Conclusions of Law"
June 13th - deadline for motions re: other parties findings
Sometime after that Judge Amano submits her findings to DLNR and they have a final hearing on it.

The UHH had filed a motion that contested most of the evidence in the other parties' submittals was immaterial. That was a bit of surprise, not b/c the evidence may or may not be immaterial, but a motion against accepting so much evidence was unexpected. There hasn't been a minute order on it but I am assuming Judge Amano will accept most evidence and give it appropriate weight, which I understand as her own judgement of the evidence. So you can claim what you like and submit it as evidence, but it won't necessarily matter.

So about 8-9 months for everything to get sorted (appeals and such) before April 2018 TMT construction deadline. And resolution of the TMT sublease contested case, which is still under appeal afaik.

[Eric1600]

For those with insomnia, copies of transcripts of all post-remand proceedings pertaining to this matter, were delivered to the following places, on or about April 18, 2017:

Hilo Public Library
300 Waianuenue Ave.
Hilo, HI 96720
Phone: (808) 933-8890

#10146; Thelma Parker Memorial Public and School Library
67-1209 Mamalahoa Hwy
Waimea, HI 96743
Phone: (808) 887-6067

#10146; Kailua-Kona Public Library
75-138 Hualalai Rd.
Kailua-Kona, HI 96740
Phone: (808) 327-4327

#10146; Hawaii State Library (O`ahu)
478 S King St.
Honolulu, HI 96813
Phone: (808) 586-3500

#10146; Edwin H. Mookini Library (UH-Hilo Library)
200 W Kawili St.
Hilo, HI 96720
Phone: (808) 932-7286

[quasar]

Hearing Officer Amano has ordered a minute order regarding all evidence submittals.

https://dlnr.hawaii.gov/mk/files/2017/04...der-44.pdf

Included is a 50 page spreadsheet going exhibit by exhibit, objection by objection. Quite the herculean effort.

For the UHH objections of "immaterial and irrelevant", generally it was ruled to be "Received over UHH objection. Hearing Officer will determine application and weight of the evidence, if any."

There are a few exceptions, most with MKAH-Pisciotta-Neves w/ about 10, when evidence was denied for that reason.

Otherwise most denials were for the "protectors" b/c of duplication (e.g. multiple parties submitting the Comprehensive Management Plan), submitted case law as evidence which is denied as "legal argument is not evidence, law speaks for itself", or because it was "untimely" (offered after the contested case was concluded).

All of TIO (except one case law citation) and PUEO exhibits were accepted over objections. 3 exhibits of UHH were denied b/c Flores-Case objection that he didn't "...have an opportunity to cross-examine the exhibit though [sic] Mr. Gosser or Ms. Collins". [A-141, A-142, A-143]

Unfortunately for Vicente, though predictably, he had all of his evidence denied. His evidence was concerning the Northwest Ordinance and Hawaiian sovereignty.

Objections to this minute order for the parties need to be filed within five business days since April 20th. I think the process is moving along.

[TomK]

According Pacific Business News:

"Ige says Mauna Kea ‘best location’ for observing stars, looks forward to TMT decision"

http://www.bizjournals.com/pacific/news/...rving.html

However, I am not prepared to pay $101 just to read the article.

[opihikao]

Aloha all.

Since nothing was posted regarding the passing of Tim Lui-Kwan (and the banter continues), my thoughts and prayers are with his ohana, of which we share.

Tim was a very bright man, as is his brother, Ivan. His father, Uncle Sonny, raised these men in the "old school" manner, thus, they achieved their goals early in life.

Rest in peace, Tim, and enjoy being with your Kupuna. We shall see each other again one day. Mahalo nui for your good work.

Aloha ke Akua.

http://www.hawaiinewsnow.com/story/35179...n-attorney


The man found floating off Kaimana Beach in Waikiki on Sunday has been identified as 66-year-old Timothy Lui-Kwan, according to the Medical Examiner’s Office.

Honolulu police said the 66-year-old was swimming at the beach with his family and was later found unresponsive in the water.

Lui-Kwan was a partner at the law office of Carlsmith Ball, and had represented the University of Hawaii at Hilo for the Thirty Meter Telescope project.


http://www.staradvertiser.com/2017/04/18...telescope/

Timothy Lui-Kwan, a veteran Honolulu attorney who defended the University of Hawaii at Hilo over the Thirty Meter Telescope project, died after lifeguards found him floating unconscious in waters off Kaimana Beach in Waikiki on Sunday. He was 66.

JMO.

ETA: Typo; e kala mai.

[TomK]

This is the first I've heard of the news. What a shock. I watched him on several days of the contested case hearing; he seemed quite a character. My thoughts are with his family, friends, and colleagues.

[opihikao]

quote:

---

Originally posted by TomK

This is the first I've heard of the news. What a shock. I watched him on several days of the contested case hearing; he seemed quite a character. My thoughts are with his family, friends, and colleagues.

---

It was quite a shock when we were told of his demise. So unexpected. My Mother called me (on the day he died) to make sure his/our ohana here on Moku o Keawe, knew we stand with them in this trying time.

While some people here on PW have "horse blinds" on (especially on this topic), the human factor is lost. Now, the people who alot of you discount as "protestors", are the first ones to offer his ohana support. Quite ironic.

Very surprised this is the first you have heard, Mr. Tom (and others, who purport to be so well advised re: TMT and all that surrounds this case), of his passing. He was one of the main legal minds in this TMT debacle. I do know the stress on him was immense (during our last conversation, a few days before his passing).

May we ALL realize that life is too short, and each and every one of the people involved in this case (on both sides) are human beings, with ohana.

Mahalo for your response, Mr. Tom (and my aloha to Pam, please).

JMO.

[TomK]

Opihikao,

I'll pass on your regards to Pam. Thank you!

As for not being told about the news, I can only speak for myself. The two sources you mention are not ones I generally read unless directed there by someone else. I'm sure the University of Hawaii also knew, but if they passed on the news, it certainly didn't get passed down to us plebs in the general Mauna Kea astronomy community, or at least me.

Don't be concerned, I'm used to it. UH operate in their own bubble.

So, apologies for not knowing before you informed us, it's part of the reason I was so shocked, I had to learn of it here.

[quasar]

Wow, that is terrible to hear about the sudden passing of Tim Lui-Kwan.

I just followed the case, and I am not a lawyer, but I thought Mr. Lui-Kwan was the best attorney on the UHH side by far.

Condolences to all his family.