[The TMT is still soliciting the State and BLNR/DLNR to circumvent constitutionally protected due process- the SAME due process the Supreme Court recently cited in remanding the initial temporary permit as fraud… continue to stand- we are in it to win it…]
“Once the permit was granted, Appellants were denied the most basic element of procedural due process — an opportunity to be heard at a meaningful time and in a meaningful manner,” wrote Chief Justice Mark Recktenwald in the majority opinion. “Our Constitution demands more.”
The Next Hearing
That demand may be met later this year in a new contested case hearing set to be overseen by retired Hawaii Circuit Judge Riki May Amano.
But even Judge Amano’s appointment carries with it a controversy in which the board’s judgment once again is being called into question. An attorney for the Native Hawaiian cultural group Mauna Kea Anaina Hou and other interested parties says that the board hasn’t followed its own rules for delegating the authority for the hearing to Amano.
Lawyer Richard Naiwieha Wurdeman contends the board was required to hold a public hearing on the matter first — a step that was skipped. Now Wurderman tells Civil Beat he’ll file formal objections to Amano’s selection sometime before the April 15 deadline the board has set for complaints on the issue.