Members of and attorneys for Ohana Kauai are asking judges of the state Supreme Court to expedite a hearing on the appeal of Fifth Circuit Court Judge George Masuoka’s ruling that the group’s real-property-tax charter amendment is unconstitutional. Masuoka last
Members of and attorneys for Ohana Kauai are asking judges of the state Supreme Court to expedite a hearing on the appeal of Fifth Circuit Court Judge George Masuoka’s ruling that the group’s real-property-tax charter amendment is unconstitutional.
Masuoka last week signed and filed his final judgment on the matter, allowing Ohana Kauai officials to formally appeal Masuoka’s decision to the state Supreme Court, said Walter Lewis of Princeville, a retired attorney and one of the Ohana Kauai leaders.
The request for the expedited hearing was filed at the same time the notice of appeal was filed, and if the request for the expedited hearing is granted, it will mean judges of the high court will hear the case within six months, versus three to five years if the case is put on the regular Supreme Court calendar, Lewis explained.
“We think it’s in everyone’s best interest to get it resolved as quickly as possible.
“We think that’s important because we think lots of people” have questions and real-property-tax liabilities that can’t wait three to five years for resolution, Lewis said.
County officials including Mayor Bryan J. Baptiste and members of the County Council have said they have given property owners on Kaua‘i sufficient tax relief, and that the Ohana Kauai charter amendment, which rolls back real-property taxes to 1998 levels and caps percentages of real-property-tax increases for owner-occupants, is unlawful under both the county charter and state constitution.
The charter amendment, which Lewis said affects some 11,000 Kaua‘i owner-occupants, was overwhelmingly approved by voters in the 2004 general election.
“The Circuit Court ruling erroneously failed to carry out the expressed will of the public,” said Dr. Monroe Richman of Po‘ipu, co-chair of Ohana Kauai.
“The charter amendment was validly adopted by the Kaua‘i electorate, and should have been implemented by Kaua‘i officials,” Richman continued.
“The state constitution and the county charter allow the people to make their own decisions on tax limits,” he said. “Our elected officials should be supporting tax relief for our homeowners instead of bringing a lawsuit to try to defeat it.
“We plan a vigorous appeal to protect the people’s right to make the decision to provide property-tax relief.”
Attorneys with the Pacific Legal Foundation will lead the appeal. The Pacific Legal Foundation is a nonprofit, public-interest foundation whose attorneys have a history of protecting people’s rights to control their taxes, and to defend against government overreaching, Richman explained.
- Paul C. Curtis, associate editor, may be reached at 245-3681 (ext. 224) or pcurtis@pulitzer.net.
