Wednesday, April 30, 2008

Lance Collins Sentences Maui County Council to Death by Legal Injunction

April 28, 2008, The Maui News

Civil law interpreted
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The Sunshine Law is good law. It can slow the legislative process to a crawl, but it gives the interested public a chance to influence legislative decisions. Interestingly enough, when it passed the Sunshine Law, the Legislature exempted itself from its provisions.

In the case of the County Council’s handling of the Honua‘ula hearings, hundreds of hours were devoted to listening to the public. To laymen the council appears to have a prima facie defense — barring strict interpretation of the law’s technicalities. There obviously was no intent of keeping the public, and its wishes, out of the process, no lack of sunshine.

Binding county government to literal technicalities versus following the intent of the law is little more than an attempt to achieve through stalling what could not be achieved through persuasion.

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