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UH wants to Dismiss the Appeal on the Denial of the Contested Case Hearings on Mauna Kea Comprehensive Management Plan

Posted by ku ching on November 5, 2009 at 8:37am in Politics
Big Island Report Published: Friday, October 23, 2009 9:53 AM HST UH responds to CMP lawsuit The University of Hawaii wants the Third Circuit Court to dismiss a challenge to a university-drafted Mauna Kea management plan, arguing that the courts have no jurisdiction to review the land board decision. The lawsuit stems from the Board of Land and Natural Resources' approval of the Mauna Kea Comprehensive Management Plan on April 9 in Hilo. At that two-day meeting, Hawaiian and environmental groups and individuals opposed to the plan requested standing and a contested case hearing to force the BLNR to reconsider its decision. The land board on Aug. 28 voted against granting the request, prompting a lawsuit by the Royal Order of Kamehameha I, Mauna Kea Anaina Hou, the Sierra Club Hawaii Chapter, KAHEA and Clarence Ching. In its response, filed Tuesday, the university argued that the court lacks the jurisdiction to hear an appeal from the BLNR's decisions and thus the appeal must be dismissed. "Although contested case hearings are allowed for some permits issued by BLNR, there is no statute or rule that requires a contested case for a management plan approval," the university said. It concludes: "In the absence of a contested case hearing, a circuit court is without jurisdiction even to consider the question of whether a contested case hearing was required." The hearing is scheduled for 9:00 a.m. on December 9 at the Circuit Court in Hilo.

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  • HALE O KEAWE-A-HEULU aka: NAIHE November 6, 2009 at 1:52pm
    I pray you all have standing Uncle Ku & that should there be any objections, the judge will still hear your voice and make right the wrongs...Imua!
    • ku ching > HALE O KEAWE-A-HEULU aka: NAIHE November 7, 2009 at 11:56am
      We are optimistic that we will prevail on this challenge. If we aren't, there are other options should we choose to use them.

      Thanks for your support.

      Incidentally, I believe that "our" Mauna Kea fight has everything to do with self-determination and independence.

      Because of my love for this mountain and these other qualities - That's why I do what I do!

      Thanks everyone.

      ku
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