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)
- State Defendants’ Answer to Second Amended Complaint (filed 9/18/2018)
- ORDER Denying Motion for Preliminary Injunction (filed 9/20/2018)
- ORDER Certifying Interlocutory Appeal & Staying Proceedings Pending Appeal (filed 9/21/2018)
In this section we will post documents in the Hawaii Supreme Court case. We think it’s likely to get acted on before the appeal (see below).
- Petition for Extraordinary Writ Seeking Pre-Election Relief (filed 9/26/2018)
- Motion for Leave to File Amicus Curiae Memorandum in Support of Petitioners (filed 9/27/2018)
- ORDER Setting Briefing Schedule and Oral Argument, and Granting Motion for Leave (filed 10/4/2018)
- Notice of Setting for Oral Argument, 10/18/2018 at 8:45 (filed 10/4/2018)
- Amicus Curiae Memorandum in Support of Petitioners (filed 10/4/2018)
- State Respondents’ Answer to Petition (filed 10/11/2018), Declaration of Scott Nago, Declaration of Valri Lei Kunimoto, Exhibits 1-6, Exhibits 7-8, Exhibit 9A, Exhibit 9B, Exhibits 10-12
- State Respondents’ Ex Parte Motion To Deem State Respondents’ Answer To Petitioner Counties’ Petition For Writ As Timely Filed (filed 10/12/2018), Declaration of Valri Lei Kunimoto, Exhibits A-D
- ORDER Granting State Respondents’ Motion to Deem Answer as Timely Filed (filed 10/12/2018)
- Counties’ Reply (filed 10/16/2018)
- Maui County Reply (filed 10/16/2018)
- ORDER Dismissing Kouchi and Saiki (filed 10/19/2018)
- ORDER Regarding Petition for Extraordinary Writ (filed 10/19/2018)
- Letter from C&C Honolulu Regarding Recently Decided Case (filed 11/5/2018)
- OPINION (filed 12/20/2018)
In this section we will post documents on the appeal to the Intermediate Court of Appeals that the counties filed.