Walden v. Hi`ilei Aloha LLC — The Documents

This case was brought by Andrew Walden, the publisher of Hawaii Free Press, against Hi’ilei Aloha LLC, Ho’okele Pono LLC, and Hi’ipaka LLC, limited liability companies that are each wholly owned by the Office of Hawaiian Affairs.  We’ve written about these companies before in an article called, “Can Government Avoid Its Responsibilities with LLCs?” Walden seeks an order compelling the entities to produce requested financial records.  The entities counter that they are not government agencies under the Uniform Information Practices Act.

The Foundation will be arguing that agencies cannot be allowed to subvert transparency requirements, essentially hiding financial information from the Legislature and the public, by simply creating new and wholly owned and controlled entities.

We will be posting documents filed in the Circuit Court of the First Circuit case.  The initial Application and opposition are rather large documents because they contain many exhibits.

• Application for Order Allowing Inspection of Records (filed Aug. 28, 2018)
• Respondents’ Memorandum in Opposition (filed Oct. 2, 2018)
• Walden’s Reply Memorandum (filed Oct. 5, 2018)
• Foundation’s Motion for Leave to File Amicus Brief (filed Oct. 30, 2018)
• Civil Beat Law Center’s Motion for Leave to File Amicus Brief (filed Nov. 1, 2018)
• Opposition to Tax Foundation’s Motion For Leave to File Amicus Curiae Brief (filed Nov. 9, 2018)
• Opposition to Civil Beat Law Center’s Motion For Leave To File Amicus Curiae Brief (filed Nov. 9, 2018)
• Reply Memo in Support of Civil Beat Law Center’s Motion (filed Nov. 9, 2018)
• Walden Memo in Support of Tax Foundation’s Motion (filed Nov. 9, 2018)
• Walden Memo in Support of Civil Beat Law Center’s Motion (filed Nov. 14, 2018)
• Walden Supplemental Memo (filed Nov. 30, 2018)
• Defendants’ Supplemental Memo (filed Nov. 30, 2018)
• Order Granting Motion To File Amicus Curiae Brief (filed Jan 29, 2019)
• Foundation’s Amicus Curiae Memorandum In Support of Applicant (filed Jan 30, 2019)
• Order Granting Motion For Leave To File Amicus Curiae (filed Jan 31, 2019)
• Civil Beat Law Center’s Amicus Curiae Memorandum (filed Jan 31, 2019)
• Minute Order (filed Mar. 5, 2019)
• Respondents’ Motion to Strike Civil Beat Law Center’s Amicus Memo (filed Mar. 15, 2019)
• Civil Beat Law Center’s Memo in Opposition to Motion to Strike (filed Mar. 18, 2019)
• Foundation’s Final Reply Memorandum (filed Mar. 18, 2019)
• Walden Memo in Opposition To Motion To Strike (filed Mar. 19, 2019)
• Minute Order re Application for an Order Allowing Inspection of Public Records (filed Mar. 29, 2019)
• Findings of Fact and Conclusions of Law and Order Regarding Both:  1) Granting Application for an Order Allowing Inspection of Public Records…;; and 2) Issues of A) Jurisdiction; B) Applicability of HRCP; and C) Process (filed June 25, 2019)
• Applicant’s Non-Hearing Motion For Attorneys’ Fees and Costs; Declaration of Michael A. Lilly (filed Jun. 28, 2019)