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Thursday, November 3, 2022

Back to Court

The seemingly endless litigation related to the Hawaiian telescope project in which UC is involved - or at least tangentially related to that project - continues.  

From Yahoo News: A legal challenge to the University of Hawaii's administrative rules governing uses and activities on Mauna Kea took a detour to the Hawaii Supreme Court on Tuesday. The justices heard arguments on the question of whether, in this case, it is the government that must prove its rules are reasonable and do not unduly limit the rights conferred by the state Constitution, or whether the burden is on the challenger to prove the opposite... 

The wide-ranging rules—which survived two rounds of public hearings and underwent numerous revisions over a two-year period—prohibit a number of activities including such things as littering, speeding, causing noise disturbances, setting fires, using drugs or alcohol, operating drones, snow play and camping. The rules also regulate commercial activities, tours and motorized traffic, including off-road driving.

The proposal generated much controversy in the Hawaiian community. Three months before [Governor] Ige gave his approval, the UH Board of Regents adopted the rules following a lengthy meeting at the UH Hilo campus featuring the testimony of 99 people, most of whom criticized the proposal for being too restrictive of Native Hawaiians and cultural practitioners. Some even said the effort was aimed at those who were protesting construction of the Thirty Meter Telescope...

Full story at https://news.yahoo.com/hawaiis-high-court-hears-arguments-160500182.html.

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To hear the text above, click on the link below:

https://ia601402.us.archive.org/25/items/big-ten/hawaii%20sup%20ct.mp3

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