TMT - Contested Case Hearing Status - Hilo

[TomK]

Thanks for that, Opihikao, much appreciated. As I've mentioned before, the TMT have now effectively given the state a deadline of early next year for assurances that the TMT project can go ahead, so any delays in the process benefit the protesters. However, even if the request for a continuance is rejected, the decisions of the judge will almost certainly be appealed, adding all sorts of further delays. This is why I no longer think the TMT will be built here.

[opihikao]

Aloha ahiahi, Mr. Tom. In reading these documents (and I'm almost through all of them), the crux of the problem is the BLNR (Suzanne Case, et al.) and the Attorney General's office have refused to turn over documents again. This is the legal game that is being played out.

The lawsuit filed by "Princess" Kawananakoa does not help. It claims the same argument (not turning over public documents), specifically regarding Judge Amano: (*Snipped - More at link)

https://newsofhawaii.com/state-agency-is...tmt-judge/

The state Department of Land and Natural Resources is being sued for withholding public records related to the hiring of retired Judge Riki May Amano as hearings officer of the upcoming Thirty Meter Telescope contested case hearing.

Aaron Wills, a consultant hired by Campbell Estate heiress Abigail Kawananakoa to obtain the records, filed the suit alleging the state is not producing the documents within the required 20 business days.

The records being withheld, according to the suit filed Thursday in Oahu Circuit Court, include the former Hawaii island circuit judge’s contract with the state and all other information about the hearings officer selection process.


Unfortunately, TMT is becoming the next victim of the State not doing what the law dictates. I still have hope that Judge Amano will do her very best to be fair, reasonable, and LAWFUL, unlike what has transpired thus far.

SMH. Hot mess.

JMO.

ETA:

P.S. My aloha to Pam, please.

[TomK]

"P.S. My aloha to Pam, please."

Of course, I'll pass that on. She's been going through a rough time recently.

[opihikao]

quote:

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Originally posted by TomK

"P.S. My aloha to Pam, please."

Of course, I'll pass that on. She's been going through a rough time recently.

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Very sorry to hear that, Sir.

Pam, visioning...Hawaii Calls! We await your return. We are not that far away... [] Continued positive thoughts and prayers, as always. Aloha mai!

https://www.youtube.com/watch?v=R0xoMhCT-7A

(*Apologies to all for being O/T. Pam is part of our (PW) ohana. Mahalo for understanding.)

Aloha ahiahi, rest well all.

JMO.

ETA: Just for good measure, Pam, and Mr. Tom. [] "Don't worry about a thing".

https://www.youtube.com/watch?v=He1QU9Lw1io

(Bet you thought it'd be a Hawaiian song...lol. Rest well.)

[PaulW]

What a precedent, if this happens. Any group of sufficiently determined protestors can now stop anything.
Stagnation followed by decline.

[kalakoa]

What a precedent, if this happens.

Disagree; this way of things is not new, merely being played out with much higher stakes.

[Eric1600]

quote:

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Originally posted by opihikao
Keep in mind, there are over 150 witnesses between all parties. Judge Amano estimated the entire Contested Case Hearing would take approximately three (3) weeks. That may be a very tall order.

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Just a note about these witnesses, no one was required to provide any names, just a number of supporting witnesses. So people who filed, just said, "10" and then they all seemed to copy each other. The final witness list will probably be much smaller.

[opihikao]

To some extent, Eric1600. Some stated one (1), two (2), six (6), etc., including Amano (who has witnesses). "They all" did not state "10".

The requirement for names, and testimony, was due twenty days (20) from the last hearing (as I recall). In the room, many of the Plaintiff's changed their number to a lower number given Amano's conditions regarding witnesses. The witness list will be finalized when the documents requested are provided. To date, some documents are still being held by AG's office, and BLNR. That is the argument in the links above.

PaulW, the precedent was set by the State, not the protestors, by usurping their own laws. Again, the Supreme Court agreed with the protestors in their ruling. You would think the State would follow the laws in place, given the "higher stakes" kalakoa mentions.

JMO.

ETA: Fix quote; something went wrong. Removed quote from Eric1600.

[kalakoa]

precedent was set by the State, not the protestors, by usurping their own laws

Protestors "helped" by creating additional situations (eg, "camping" on Conservation land, blocking roads, etc) where State refused to enforce its own laws.

You would think the State would follow the laws in place, given the "higher stakes"

I'm starting to wonder if there are any stakes high enough for the laws to actually matter.

[opihikao]

quote:

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Originally posted by kalakoa

precedent was set by the State, not the protestors, by usurping their own laws

Protestors "helped" by creating additional situations (eg, "camping" on Conservation land, blocking roads, etc) where State refused to enforce its own laws.

You would think the State would follow the laws in place, given the "higher stakes"

I'm starting to wonder if there are any stakes high enough for the laws to actually matter.

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Absolutely, kalakoa. No question. Then throw into that the "religious rights" afforded by the USofA, and then throw in the mix ownership of the land (overthrow of the Kingdom issue), and we are here today. Yes, on Conservation designated land, no less.

Mauna Kea provided a platform for much bigger issues than TMT. TMT was the catalyst for many Hawaiians to rise up and state, "Enough is enough", on all levels.


JMO.