HPP Special Assessment Proposal

[Kelena]

I am not suggesting doing nothing. On the contrary, I am suggesting doing something: getting legal representation. Doing nothing is rolling over and acceding to every wish of the complaining parties and to every suggestion from the Deputy Attorney General.

As for the County of Hawaii's legal obligations, if any, I think it is probably best to address one thing at a time and not to turn this into a legal free-for-all. I would address that issue later. But that's me. As for the statute of limitations, again, that is for an attorney (and perhaps ultimately a court) to determine. However, I would note that if the government has an express legal obligation to do something and fails to do so, that obligation could be regarded as continuing. It is difficult to bring an action to mandate that the government do something it has an obligation to do, but it can and does happen. It is an uphill battle. I don't know enough about the asserted obligation to comment. I do think that we should probably keep this simple and respond to the administrative action, with the guidance of legal counsel. If mitigation is required, we can then consider our options.