08-27-2015, 04:23 PM
FYI: (*Snipped - More at link incl. video)
http://www.hawaiinewsnow.com/story/29898...-arguments
The justices questioned the attorneys on what impact the large telescope could have on cultural resources, and why the conservation district use permit was granted before a contested case hearing.
"A contested case hearing means you have an opportunity as the participant requesting a hearing for testimony that's under oath. You forfeit that opportunity if the decision is made ahead of time," associate justice Michael Wilson said.
"We firmly believe that the state really did railroad this project through without due process being followed," Wurdeman said.
But lawyers for DLNR and UH Hilo say issuing a permit prior to a contested case hearing was standard operating procedure.
"The university certainly believes that it was properly done, but again, the court will review it and they will tell us what they think," Handlin said.
More than 200 people were in the courtroom. The justices now take the case under advisement.
http://www.hawaiinewsnow.com/story/29898...-arguments
The justices questioned the attorneys on what impact the large telescope could have on cultural resources, and why the conservation district use permit was granted before a contested case hearing.
"A contested case hearing means you have an opportunity as the participant requesting a hearing for testimony that's under oath. You forfeit that opportunity if the decision is made ahead of time," associate justice Michael Wilson said.
"We firmly believe that the state really did railroad this project through without due process being followed," Wurdeman said.
But lawyers for DLNR and UH Hilo say issuing a permit prior to a contested case hearing was standard operating procedure.
"The university certainly believes that it was properly done, but again, the court will review it and they will tell us what they think," Handlin said.
More than 200 people were in the courtroom. The justices now take the case under advisement.