MAHALO TO ALL THUS FAR:
Dec 15, 2016 at 1:13 pm
Kalani Flores, one of the Mauna Kea Hui of petitioners who initiated the supreme court appeal, also filed suit on the sublease matter. Judge Greg Nakamura of the Environmental Court remanded the sublease back to the Board of Land and Natural Resources in March of this year, but the land board failed to take action.
The matter was back in court today. Flores was represented in court by the Native Hawaiian Legal Corporation, which issued a media release following the court’s ruling.
According to NHLC, Judge Nakamura ruled that the Board of Land and Natural Resources (BLNR) violated the constitutional rights of Flores by failing to hold a hearing before allowing the University of Hawai’i to issue a sublease to TMT International Observatory, LLC.
“Our client brought this lawsuit because it became apparent that the BLNR was still hanging on to its initial decision to give the greenlight to the TMT despite the Hawai’i Supreme Court’s decision warning the BLNR about not ‘pre-judging’ the issue”, NHLC attorney David Kauila Kopper said.
The BLNR denied Flores’ request to hold a contested case hearing on the sublease in 2014, which Flores appealed…
According to the NHLC, today’s court decision has the potential to impact the ongoing contested case hearing.
“With a sublease in place throughout the hearing on the conservation district use application, again the Board’s approval of the permit would be a foregone conclusion. Judge Nakamura’s decision follows the Supreme Court’s clear message to government agencies that they cannot act as ‘a passive actor or a neutral umpire’ when it comes to decisions that implicate the constitutional rights of Native Hawaiians to exercise traditional and customary practices. They must take affirmative steps to ensure a process that safeguards Native Hawaiian rights and effectuates the values of the public trust,” Kopper said in the media release.
Dec 15, 2016 at 1:13 pm
SACRED MAUNA KEA HUI intends and WILL to continue for all time to be sure that our sacred and natural resources and Earth are tended to with the highest standard of human law and behavior. We believe in the science of sacred ecology and will continue to stand for truth and ku kiai mauna. For that we need you, guardians of Earth and live. Na kanaka a pau a keia ao. Help us move like never before with momentum while the air is full of pono.
We could never have come this far without you and we are at the brink of finishing the job. But we are also every day jeopardized by this forceful, aggressive misuse of our conservation district and supremely sacred summit and need to make it to May 2016 to begin to beat Telescope developers bottom line projections. Your contribution is so important and forwards another day to this previously unreachable goal. THANK YOU SO MUCH. Go to “Sacred Mauna Kea Hui – He Makahiapo Kapu Na Wakea” on FB and SacredMaunaKea.com for updates and join the conversation. See our YouTube, Vimeo and Ustreams at Sacred Mauna Kea- MAHALO AND ALOHA AINA
We will not be able to continue soon without your help: