Tuesday, November 12, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, September 9, 2015
Full Text: Lawsuit Seeks Nullification of Six Councilmembers’ Rail Votes
By Andrew Walden @ 3:54 PM :: 6582 Views :: Honolulu County, Ethics, Rail

by Andrew Walden

Campbell Estate Heiress Abigail Kawananakoa yesterday filed suit in Oahu’s First Circuit Court seeking invalidation of votes by six Honolulu County council members on several key Rail-related bills and resolutions. 

The six are: Cachola, Garcia, Kobayashi, DelaCruz, Apo and Anderson.

The eleven measures which Kawananakoa deems invalid after conflicted votes are stricken:  Bill 82 (2006), Bill 79 (2006), Reso 10-124, Bill 5 (2010), Reso 10-49, Reso 68 (2010), Reso 86 (2010), Bill 33 (2012), Bill 31 (2012), Bill 32 (2012), Bill 37 (2010)

Here hare some quotes from her brief:

51. Plaintiff is aware of at least eleven (11) City Council measures, the passage of which turned on votes cast by councilmembers while under undisclosed conflicts, and which are thus null and void…

58. As a result of the above-described conduct of former City Council members Cachola, Garcia, and other councilmembers, there is an actual and genuine controversy as to the validity of their votes cast on measures while under undisclosed conflicts of interest.

59. Under Hui Malama Aina O Ko'olau v. Pacarro, 4 Haw. App. 304, 666 P.2d 177 (Haw. App. 1983), the votes cast by Cachola, Garcia, and other councilmembers while under undisclosed conflicts of interest were invalid, and the resulting measures are void and unenforceable if their passage turned on said invalid votes.

60. There is therefore a genuine controversy with respect to the issues of (1) the validity of the votes cast by Cachola, Garcia, and other councilmembers while under undisclosed conflicts of interest, and (2) the legality and enforceability of the laws that were passed as a result of the invalid votes.

61. Plaintiff is entitled to a ruling in her favor declaring that (1) the votes cast by Cachola, Garcia, and other councilmembers while under undisclosed conflicts were invalid, and (2) the resulting laws are void and unenforceable if their passage turned on said invalid votes.  The foregoing relief applies to the bills and resolutions identified in the above paragraph 51, as well as to any other bills or resolutions that may be identified through further investigation and discovery.

64. As a result of the conduct described herein and the City's continued enforcement and funding with tax dollars of potentially void and unenforceable laws, Plaintiff and the public are sustaining irreparable harm.

65. Plaintiff is entitled to a preliminary and permanent injunction prohibiting the City from enforcing or continuing to fund the invalid laws until such time as the City Council ratifies the same by holding are-vote on each related measure of non-conflicted City Council members who are not otherwise disqualified from voting.

PDF: FULL TEXT of SUIT

Related: Rail Revote: Is There Anybody Without a Conflict of Interest?

RELATED: Six Council Members Bought Off by Lobbyists, Key Rail Votes may be Nullified

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

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 Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

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

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii