In the 2018 legislative session, the legislature passed SB 2922, which will put on the November 2018 general election ballot a question, “Shall the legislature be authorized to establish, as provided by law, a surcharge on investment real property to be used to support public education?” A yes vote in the election will result in the legislature being granted the power to impose a surcharge tax on “investment real property.”
The City & County of Honolulu, the County of Hawaii, the County of Maui, and the County of Kauai sued for an injunction seeking to kick the measure off the ballot, claiming that the ballot title is misleading and deceptive, the concept of “investment property” is too vague, and the measure was improperly passed at the Legislature.
We will be posting documents filed in the Circuit Court of the First Circuit case.
- Second Amended Complaint for Declaratory & Injunctive Relief (filed 8/29/2018)
- Ex Parte Motion to Shorten Time re Preliminary Injunction and Order (lodged 8/30/2018, filed 9/4/2018)
- Tax Foundation of Hawaii’s Motion for Leave to File Amicus Brief (contains brief) (filed 8/31/2018)
- Plaintiff Counties’ Motion for Preliminary Injunction (filed 8/31/2018)
- State Defendants’ Memo in Opposition to Ex Parte Motion to Shorten Time (filed 8/31/2018)
- City & County’s Reply to State Defendants’ Opposition to Ex Parte Motion [to Shorten Time] (filed 9/4/2018)
- State Defendants’ Memo in Opposition to Preliminary Injunction (filed 9/5/2018)
- Counties’ Reply Re Motion for Preliminary Injunction (filed 9/6/2018)
- ORDER Granting Motion for Leave to File Amicus Curiae Memorandum (filed 9/11/2018)
- Tax Foundation of Hawaii’s Amicus Curiae Memorandum (filed 9/11/2018)