TMT Work to Resume Says Ige!

[Aaron S]

quote:

---

Originally posted by pahoated

During that same session, the court said the permits are legal and TMT corp. could proceed with construction.

---

I don't recall the Hawaii Supreme Court justices stating this. If you can't cite where you heard this, it would be much appreciated. I don't think its good risk to take even if they did say this. The TMT Corp. would be responsible to restoring the site if they invalidated the CDUP.

quote:

---

Originally posted by pahoated
This appeal is on a technicality that UHH didn't have legal right to lease the land in the first place, therefore everything that followed, including permits were also illegal.

---

Please refer to this webpage to see what this appeal covered. It has nothing to do the legality of the lease to the TMT, but has everything to do with how the BLNR issued their conservation district use permit. See, its not as cut and dry as TMT could magically start construction now.

http://www.courts.state.hi.us/courts/ora...4_873.html

(1) the trial court was wrong and reversibly erred when it found that the BLNR's approval of CDUP HA-3568 prior to the contested case hearing did not warrant reversal;

(2) the circuit court was wrong and reversibly erred by affirming the BLNR's approval of UHH's CDUA and the reliable, probative and substantial evidence failed to support the findings and conclusions that the eight criteria of HAR [Hawai`i Administrative Rules] ' 13-5-30© were met and such conclusions were wrong;

(3) the circuit court was wrong and reversibly erred when it found that the CDUP was subject to a sufficient management plan; and

(4) the circuit court was wrong and the Board of Land and Natural Resources failed to meet its legal and constitutional obligations in properly identifying and determining the scope of the valued, cultural, historical and natural resources in the petition area; in determining the impact on these resources by the proposed land use in the conservation district; and in failing to take feasible actions to protect such resources by improperly delegating its duties and obligations.



I strongly believe the project will remain in limbo until the Hawaii Supreme Court issues their decision on this appeal. There is nothing
the TMT Corp, or the governor can do. The balls in the Supreme Court's court.