Wednesday, June 12, 2024
Hawai'i Free Press

Current Articles | Archives

Tuesday, July 23, 2019
Judges Refuse: No Halt to Telescope Construction--No End to Emergency Proclamation
By News Release @ 7:49 PM :: 7936 Views :: Hawaii County , Greenmail, Higher Education, OHA, Religion

Kahea: Ceded Lands Under Telescope are a Political, not Legal, Issue

Kahea: … In 2008, the Hawai'i Supreme Court ruled that under both federal and state law, the "State [has a] fiduciary duty to preserve the corpus of the public lands trust, specifically, the ceded lands, until such time as the un-relinquished claims of the native Hawaiians have been resolved[.]" OHA v. HCDCH, 117 Hawai'i 174 (2008) overruled as to federal law by OHA v. Hawai'i, 556 U.S. 163 (2009)

However, the Hawai'i Supreme Court has also ruled that the resolution of the un-relinquished claims of the Hawaiian people are "of a peculiarly political nature and therefore not meet for judicial determination" and "constitute[] a non-justiciable political question." OHA v. Yamasaki, 69 Haw. 154 (1987) In other words, resolution of these issues must occur somewhere other than the courts.

In sum, there is no legal process to resolve the un-relinquished claims of the Hawaiian people to their lands, including those crown and government lands that are Mauna Kea. The approval of the sublease for the TMT project and the conservation district use permit are predicated upon the courts being unable to directly address these issues….

read … Anti-Telescope Protesters Analysis

Court’s suspension of governor’s emergency proclamation applies only to 1 Person

SA July 23, 2019: … A state court granted today a Big Island kumu hula’s request for a temporary stay or suspension of Gov. David Ige’s emergency proclamation restricting public access to Mauna Kea. The court order, however, applies only to plaintiff Paul Kevin Neves, with conditions.

Neves of Hilo sued Ige Thursday claiming that the proclamation prevents him from practicing traditional Native Hawaiian culture.

He said he needs to go to the summit for prayer….

Luana Busby Neff, a Hawaiian cultural practitioner who has been participating in the protests at Mauna Kea for a week, said today’s court decision clears the way for others.

“That’s just really a portal for everyone else to follow, because Paul is claiming as a Native Hawaiian practitioner and is being given access to Mauna Kea, then that’s just the one man that will lead into the many, because you cannot just give one person.

“We have hundreds, thousands of Native Hawaiian cultural practitioners, so if he’s been allowed back by the court, then they actually just opened the door for everybody else to go in,” she said....

(but, by then, the emergency declaration will have expired)

read … Victory for Telescope

Judge Denies TRO Against Telescope Construction

HTH July 23, 2019: … Hilo Circuit Judge Greg Nakamura today denied a petition for a temporary restraining order to halt construction of the Thirty Meter Telescope.

The petition was filed as part of a larger lawsuit for an injunction by Maunakea Anaina Hou, Kealoha Pisciotta, Paul Neves, Clarence “Ku” Ching, Cindy Freitas, William Freitas, Kaliko Kanaele and Lanny Sinkin.

“The evidence has not been presented to show that that (TMT) is financially unable to complete the project,” Nakamura said.

Nakamura also said the petitioners had not presented evidence that they were likely to prevail on the merits of the case or that the public interest favors granting an injunction….

read … Another Victory for Telescope


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


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


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

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


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

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii