Sunday, May 26, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, August 25, 2017
West Oahu Schools Underfunded? AG Responds to McDermott Suit
By News Release @ 4:33 AM :: 4450 Views :: Education K-12

STATE RESPONDS TO MCDERMOTT APPEAL

News Release from Office of the Attorney General, Aug 23, 2017

HONOLULU – Today the State of Hawaii filed its answering brief in McDermott v. Mizumoto, a lawsuit filed by state legislator Bob McDermott against the State, alleging that more money should have been allocated for school facilities and infrastructure at a school in his district.

The plaintiffs, Representative McDermott (District 40 – Ewa, Ewa Beach, Ewa Gentry and Iroquois Point) and his wife sued in October 2016. They claimed, among other things, that Campbell High School had inadequate facilities, and that the $35 million requested by the executive branch for upgrades to the school should have been appropriated by the state legislature. Three months later, in January 2017, circuit court judge Edwin C. Nacino dismissed the plaintiffs’ complaint because it failed to allege the violation of any constitutionally protected rights and sought remedies that violated the separation of powers doctrine. The plaintiffs appealed.

The State’s answering brief to the appeal states in part:

It is ironic that a Hawai‘i Legislator – Representative Bob McDermott (with his wife, Utufaasili McDermott) – initiated this lawsuit. The catalyst for Plaintiffs’ complaint was the non-party Legislature’s appropriation of less than $35 million (in 2016) for Campbell High School facilities improvements. The appropriation of moneys from the State general fund to pay for the maintenance and improvement of Campbell High School is a legislative matter, reserved to the Legislature pursuant to the separation of powers doctrine. It is thus entirely up to the Legislature, of which Plaintiff McDermott is a voting member, to determine the amount of funding to appropriate for construction projects at Campbell High School.

The brief also notes that since the plaintiffs filed their lawsuit, they have admitted that the $35 million they wanted to be allocated for improvements at Campbell High School has now been appropriated.

The State has asked the Intermediate Court of Appeals to affirm Judge Nacino’s decision to dismiss the case. No date has yet been set for argument on the appeal.

PDF: A copy of the State’s answering brief is attached.

# # #

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