Real Estate & Property Law

HAWSCT: County Council Member Subject To Declaratory Judgment Claim He Is Not A Resident Of His District

By Robert Thomas (inversecondemnation.com)

This just in: in a unanimous opinion authored by Justice Acoba, the Hawaii Supreme Court held that a Maui council member immediately forfeits office should the council member violate the continuous residency requirements of Maui Charter § 3-3.  DeJetley v. Kahoohalahala, No. 29919 (Feb. 10, 2010). The court held that section 3-3 could be enforced by declaratory judgment, and reversed a judgment by the Second Circuit court that the only remedies were impeachment or recall. The case now goes back to the Second Circuit for further proceedings.

Disclosure: we represent the Lanai voters who are the plaintiffs.

Here are all the briefs in the case:

• Opening Brief

• Answering Brief

• Reply Brief

This case is related to Dupree v. Hiraga, No. 29646 (Oct. 20, 2009), in which the Hawaii Supreme Court held that in order to register to vote as a resident of a district, a person must have a fixed habitation in the district in which he is attempting to register, as well as a "physical presence" there. In that case -- the councilmember's appeal from a determination by the State Board of Registration that he is a Lahaina resident and his attempt to register to vote as a Lanai resident was invalid -- the court held "there was nothing in the record to establish that Kahoohalahala actually lived [at his brother?s home] or anywhere else on Lanai in any commonly-understood meaning of the term." Dupree, slip op. at 53.

More, after a chance to digest the opinion.

Full post as published by inversecondemnation on February 10, 2010 (boomark / email).