Wednesday, March 27, 2024
Hawai'i Free Press

Current Articles | Archives

Thursday, March 24, 2016
Lawsuit Dismissed: State’s 10% Rail Tax Skim Stands
By Tom Yamachika @ 5:17 PM :: 5026 Views :: Rail, Taxes

Lawsuit Challenging 10% Skimmed by State from Honolulu Rail Surcharge Dismissed; Foundation Vows to Continue Fight

News Release from Tax Foundation of Hawaii

HONOLULU, HAWAII–March 23, 2016–Today, Judge Edwin Nacino of the First Circuit Court dismissed the lawsuit by the Tax Foundation of Hawaii, a nonprofit taxpayer watchdog organization, that sought to halt the State’s practice of skimming tens of millions of dollars each year from the amounts collected for the Oahu rail surcharge.

Judge Nacino ruled that this case was a controversy with respect to taxes, so declaratory and injunctive relief was precluded by HRS § 632-1. He further held that the court rules (Rule 81.1, Hawaii Rules of Civil Procedure) denied to the circuit courts the power to give any relief against any State agency. He also said he thinks the statute allows the state to take 10% of the surcharge, regardless what it actually costs to assess, collect and dispose of the funds. In fact, the Department of Taxation has been covering almost its entire budget on the backs of those who pay the surcharge.

Today, the Tax Foundation of Hawaii reassured those concerned about the impropriety of the state’s diversion of monies—which now involves over $150 million sorely needed for rail construction— that the legal battle is not over. “Judge Nacino’s ruling doesn’t say that no problem exists, but just says that his court isn’t the one that can fix it,” said Tom Yamachika, President of the Tax Foundation of Hawaii. “We are currently considering our options with our legal counsel, but we want to let the taxpayers of the State of Hawaii know that our fight on their behalf will continue.”

Copies of the court documents are available on the Tax Foundation of Hawaii’s website, http://www.tfhawaii.org.

###

About the Tax Foundation of Hawaii: The Tax Foundation of Hawaii, a private nonprofit, nonpartisan, educational organization has, for the past 60 years, encouraged efficiency and economy in government and has promoted an equitable tax system that encourages and maintains economic growth and stability in Hawaii. Read more about us at: http://www.tfhawaii.org  

AG News Release: Full Text State’s Motion to Dismiss

SA: Judge dismisses lawsuit over rail tax surcharge

HNN: Court dismisses challenge to state's ability to keep county tax surcharges for rail

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT