Posted on 08/07/2007 4:58:53 PM PDT by republicpictures
HONOLULU, HI; August 7, 2007: A voter-enacted measure that would have reined in skyrocketing property taxes on the island of Kauai was struck down by the Hawaii Supreme Court yesterday. The court permitted local government officials to challenge the “Ohana Kauai” tax-limitation measure by essentially suing themselves – in a lawsuit in which the government was both plaintiff and defendant and the same attorneys represent both sides. The court also ruled that the state constitution does not permit anyone but government officials to establish tax policy.
“We’re disappointed that the court allowed this fabricated lawsuit to go forward,” said Pacific Legal Foundation Attorney Robert Thomas, who represented homeowners who sponsored the Ohana Kauai measure. “This decision represents a real loss to the people of Kauai. It has told them that their votes don’t count, and that if government officials disagree with a result, they can create lawsuits against themselves, funded by public money, asking a court to strike down a vote.”
“This decision says that it is government officials who have the exclusive say on property taxes, not the people who pay them,” Thomas continued.
Sponsored by the homeowners’ group, “Ohana Kauai,” and approved in 2004 by an overwhelming majority of voters on the island of Kauai, the measure would have amended the county charter to keep a check on property taxes, which have been rising at astronomical rates. Property taxes would have been restored to 1998 levels for owner-occupied homes of residents who had owned their properties since at least 1998, and for homeowners who purchased after 1998, the tax level would be based on purchase price. Future tax increases for all resident homeowners could not exceed 2% per year.
But instead of implementing the charter amendment, Kauai officials sued each other to invalidate it, with the county attorney representing both sides of the case. The officials claimed they alone had power to decide property tax issues, and hired private attorneys with over $250,000 of public funds to litigate the lawsuit.
After the Circuit Court invalidated the amendment, attorneys for Pacific Legal Foundation came in to represent members of Ohana Kauai in an appeal to the Hawaii Supreme Court.
This week’s 3-2 decision by the Supreme Court held both that the peculiar posture of the case – with the county suing itself – was valid, and that only government officials, not the citizens of the counties, may set property tax policy.
Associate Justice Simeon R. Acoba, Jr., in a dissent joined by Associate Justice James E. Duffy, Jr., criticized the majority for allowing a lawsuit to go forward in which the original parties were the County of Kauai (as plaintiff) and the Kauai County Council (as defendant), with the County Attorney representing both sides.
“With all due respect, our role is to protect the judicial process, not to subvert it,” wrote Justice Acoba.
Constitution - stupid Haole piece of parchment...
this is a clear signal that it is time...
we the people need to control the beast of government.
lock and load.
teeman8r
Uh I think I understand this. See it goes like this. I’m an elected official who is on the public dole to represent said public for their best interests. The majority of that public makes a decision which effects my paycheck.
So I sue myself, represent myself, defend myself and ignore the people who are paying me so I can keep myself in power.
And this is democratic?
Hmmmm...did’nt some of us fight a war over this already?!!!
“this is a clear signal that it is time...
we the people need to control the beast of government.
lock and load.”
Not necessary yet. Boot the current officials out, and put new ones in their place who know who they work for.
And don't forget the part where you call yourself a "public servant" while at the same time making a far larger income than those you "serve".
Another example of fascism without the personal charm of a Hitler or a Mussolini, but with a touch of Kafka.
the peculiar nature of party dynamics in state politics. Hawaii is virtually a one-party state, ruled by a pervasively liberal Democratic elite since 1954.
http://www.leaderu.com/ftissues/ft9704/articles/coolidge.html
Coup d’etat by lawyer tyrants. Hawaii isn’t the only place in the USA to have lost its democracy.
Will they do that? No. They love the Dems.
Sounds like the tree of liberty in Hawaii needs a little shake!
“Hey, how about a nice Hawaiian Pinch???”
LOL!
"Errrr, duh.....only the King may set taxes....."
"Yes, but, oh royal one....we elected the King".....
"Duh....Well, errrr, we most follow policy!"
"Your holiness, we the serfs have said we don't want to tax ourselves into, errrr, serfdom"
"Dumb serf, go elect a different , errrr, government....this one has spoken. Except for me....I'm here for life.....dumb serf...;(
I really do not think hanging is too extreme for politicians who pull self-serving anti-democratic tricks like this. Tar and feathers and horsewhips, at the very least!
-ccm
When they start taxing you out of your own home..then people finally revolt. CA did it with Prop 13. Sooner or later the people will win.
No, this is Democratic.
"The first thing we do, we kill all the lawyers..."
Ping.
The law approved by the voters was essentially a Prop 13 with a 1998 starting date. The voters approved it. The corrupt government overturned the voters.
government of the government, by the government, for the government
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