Sunday, August 14, 2022
Hawai'i Free Press

Current Articles | Archives

Wednesday, October 4, 2017
Endgame: Telescope Protesters Shift focus to Sublease
By Video @ 6:05 PM :: 7812 Views :: Hawaii County , Greenmail, Higher Education, OHA

"HOW MAUNA KEA PROTECTORS CAN STILL WIN"

From FreeHawaii.Blogspot.com, October 4, 2017

Think All Is Lost Because A Permit Has Once Again Been Given To Build The Thirty Meter Telescope? 

Think Again. 

Thereʻs More Hoops To Jump Through Before Any Bulldozers Are Back On The Mauna.

Watch This To See What They Are & Why Things Are Not As Bad As They Might Seem.

Then Share This Video Today With Your Family & Everyone You Know.

  *   *   *   *   *

From Kealoha Pisciotta Sept 29, 2017

Aloha all, couple things.   

We must remember that the BLNR may have issued the CDUP, but the sublease for the use of the land on MK is pending and awaiting trial before the Supreme Court. Remember Kalani's case that is being handled by Native Hawaiian Legal Corporation? That case is about the question of whether a Contested Case Hearing on Sublease on Mauna Kea should be allowed or not. BLNR denied Kalani's original request and so NHLC took it to court and Judge Nakakamura of the 3rd Circuit citing Mauna Kea Anaina Hou et al., case said they should have granted Kalani's request for CCH and them basically suspended the consent to move on the lease.

The State is bringing suit before the Supreme Court to overturn Nakamura's decision holding the position that Kalani and others are not entitled to CCH's on any sublease. What this all means is that because they don't have a sublease or permission to take action on the land they technically they cannot move anything like Bulldozers on the land. This is important to know and consider.

With regards to our current CCH, the BLNR did approve the permit request and they said they can't issue a stay (which I don't believe is true) both legally and or morally-I mean after all shouldn't the TMT and scientists supporting the project also want to know if they are in compliance with the law--they can't know that until the court hears our case? A CCH is still only quasi-judicial administrative process and the law says that if BLNR makes a decision adverse to any party (including even the UH) that the parties may request the court to review the agencies decision(s). This means we have a right to have a court determine the legal questions -so until the court says yes or no that the permit is good on the law or not good -then everything should stop even if there is no stay in place--of course the UH/TMT/State of HI doesn't agree.

Nevertheless, we will be filing our notice and appeal including asking for a stay of execution. BLNR not filing a stay as a condition of the permit shows contempt for the people and the law--BUT then again they DON'T have a SUBLEASE OR PERMISSION TO MOVE ANYTHING ON THE LAND EITHER!!!

Also regarding Sam Gon's post below-although we CANNOT TALK or ANSWER him since he is a BLNR Board member--because that would be EX PARTE COMMUNICATION WITH A DECISION MAKER -then I am uncertain what he would want to talk with us about --further, he did vote to approve the TMT project --not once but twice now. So what can he say at this point? Sorry?  I guess, but after all that everyone has been through is sorry even really appropriate?

What is important here however, sorry or not is that we continue to stand for truth and justice and in the Kapu Aloha!!! We remember Aloha and truth combined means that the people and the Akua are moving together as one.

We pray for Akua to abide with us all and that all things righteous will be fulfilled.

Aloha Ke Akua, Na Akua a me Na Aumakua

  *   *   *   *   *

Background:

Aug 23, 2017: Mauna Kea: UH to Trade 10,000 Acres for Telescope Approval, Lease Extension?

2016: OHA 2016 Legislative Package: Telescope Rent Money, Control of Mauna Kea Tours

2015: Telescope: For OHA, it’s all About the Rent Money

2015: Crabbe: OHA Wants 'percentage of gross receipts' from Telescope

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Back da Blue Hawaii

Ballotpedia Hawaii

Better Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

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 Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Life Alliance

Hawaii March for Life

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 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

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

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

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

Save Dillingham Airfield

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