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[Contested Cases] [The Board and the Chair] [Telescopes on Mauna Kea] [The Supreme Court decision] [Contested Case on TMT and Mauna Kea]

CLICK “DOCUMENTS LIBRARY” For Filings and Documents

These documents are provided for informational purposes only.  They do not constitute the official record of the contested case.  The official record is located at the DLNR Office of Conservation and Coastal Lands, 1151 Punchbowl Street, #131, Honolulu, Hawaii 96813.

  

DOCUMENTS library

Rec’d File Descriptions
  DOC R-1 Conservation District Use Application HA-3568 for the Thirty Meter Telescope Project from the University of Hawaii at Hilo
  DOC R-2 Thirty Meter Telescope (TMT) Project Chapter 343 Final EIS Summary Sheet
  DOC R-3 Thirty Meter Telescope (TMT) Project Chapter 343 Final Environmental Impact Statement Volume 1
  DOC R-4 Thirty Meter Telescope (TMT) Project Chapter 343 Final Environmental Impact Statement Volume 2
  DOC R-5 Thirty Meter Telescope (TMT) Project Chapter 343 Final Environmental Impact Statement Volume 3 – Appendices
  DOC R-6 Acceptance Letter of the Governor to the Chancellor, University of Hawaii at Hilo Regarding Mitigation Measures in the Final Environmental Assessment for the Thirty Meter Telescope Observatory on Mauna Kea, Island of Hawaii
  DOC R-7 OCCL staff report regarding Conservation District Use Application HA-3568 for the Thirty Meter Telescope
  DOC R-8 Exhibits for OCCL staff report regarding Conservation District Use Application HA-3568 for theThirty Meter Telescope
 31 Mar DOC-1 Minute Order No. 1: Notice of selection of Riki May Amano as Hearing Officer on subject contested case; Exhibit 1; COS
8 Apr  DOC-2 Motion to have TMT International Observatory, LLC admitted as a party in the contested case hearing; Memorandum in support of motion; COS
 8 Apr  DOC-3 Minute Order No. 2: Order delegating the conduct of the contested case hearing to a hearing officer, and confirming that the chairperson was authorized to engage the services of a hearing officer; COS
8 Apr   DOC-4 Notice of Filing of Hearing Officer’s Supplemental Disclosure; Exhibit 2; COS
 15 Apr DOC-5 Petitioners’ objections to selection process and to appointment of Hearing Officer made pursuant to Minute Order No. 1, dated March 31, 2016; Declaration of Counsel; Exhibits ‘A’ – ‘G’; and COS
 15 Apr DOC-6 Applicant’s response to Minute Orders Nos. 1 and 2; Exhibits 1-5; Copy Wurdeman
 19 Apr DOC-7 Notices regarding ex parte communication to members of the Land Board, Watanabe Ing LLP, Carlsmith Ball LLP, Wurdeman; copy Amano
 21 Apr DOC-8   Applicant’s response to petitioners’ objections to selection process and to appointment of Hearing Officer made pursuant to Minute Order No. 1, dated March 31, 2016, filed on April 15, 2006; copy Wurdeman
22 Apr  DOC-9 Notice of Filing of Hearing Officer’s second supplemental disclosure, dated April 29, 2016; Exhibit 3; COS
27 Apr  DOC-10 Notice of Filing of Hearing Officer’s third supplemental disclosure, dated April 25, 2016; Exhibit 4; COS
29 Apr  DOC-11 Minute Order 3, Order setting deadlines for responses to Hearing Officer’s supplemental disclousers; COS
2 May  DOC-12 Notice of filing of disclosures by BLNR Chairperson Case and Board Member Yuen; Exhibits 1 and 2; COS

2 May

DOC-13 Petitioners’ responsive and supplemental objections to selection process and to appointment of Hearing Officer made pursuant to Minute Order No. 1, dated Mardch 31, 2016; COS
6 May  DOC-14 Minute Order 4; COS
6 May  DOC-15

Petitioners’ objections regarding procurement committee and process and committee member / BLNR Board member; Declaration of Counsel; Exhibits “A” – “E”

 9 May DOC-16 Minute Order 5, Order setting pre-hearing conference
9 May  DOC-17

Correspondence from HO to counsel regarding pre-hearing conference

12 May  DOC-18 Request from Edward Akiona to be admitted as a party to the contested case hearing
 12 May DOC-19 Request from Waiala Ahn to be admitted as a party to the contested case hearing
12 May  DOC-20 Request from Harry Fergestrom to be admitted as a party to the contested case hearing
 11 May DOC-21 Request from Ana Nawahine-Kahoopii to be admitted as a party to the contested case hearing
12 May  DOC-22 Request from Richard Maele DeLeon to be admitted as a party to the contested case hearing
11 May  DOC-23 Request from Mehana Kihoi to be admitted as a party to the contested case hearing
11 May  DOC-24 Request from C. M. Kaho’okahi Kanuha to be admitted as a party to the contested case hearing
12 May  DOC-25 Request from Joseph Kualii Lindsey Camara to be admitted as a party to the contested case hearing
12 May  DOC-26 Request from Hālonaikaiopuna Mikala-Jiro Fukutomi to be admitted as a party to the contested case hearing
13 May  DOC-27 Request from Crystal W West to be admitted as a party to the contested case hearing
13 May   DOC-28 Request from Ivy McIntosh to be admitted as a party to the contested case hearing
13 May   DOC-29 Request from Wilma H. Holi  to be admitted as a party to the contested case hearing
 13 May  DOC-30 Request from Moses Kealamakia, Jr. to be admitted as a party to the contested case hearing
 13 May  DOC-31 Petitioners’ motion for reconsideration of Minute Order No. 4, filed on May 6, 2016 and/or motion to strike selection process and to disqualify various members and hearing officer; Memorandum in support of motion; declaration of Richard Naiwieha Wurdeman; Exhibits “A” – “D”; and COS
 16 May DOC-32 Request from Michael Kumukauoha Lee to be admitted as a party to the contested case hearing
  16 May DOC-33 Perpetuating Unique Educational Opportunities, Inc.’s motion to intervene; memorandum in support of motion; declaration of Shadd Keahi Warfield; Declaration of Patrick Leo Kahawaiolaa; Declaration of William H. Brown; Declaration of Richard Ha, Jr., Exhibits “A” and “B”; COS
  16 May DOC-34 Request from Ricky Cassiday to be admitted as a party to the contested case hearing
 13 May  DOC-35 Request from Keahi Tajon to be admitted as a party to the contested case hearing
 13 May  DOC-36 Request from Eric Hansen to be admitted as a party to the contested case hearing
 13 May  DOC-37 Request from Patricia Ikeda to be admitted as a party to the contested case hearing
 13 May  DOC-38 Request from Jennifer Leina’ala Sleightholm to be admitted as a party to the contested case hearing
 21 May DOC-39 Request from Maelani Lee to be admitted as a party to the contested case hearing
23 May  DOC-40 Request from Michelle Cabalse to be admitted as a party to the contested case hearing
23 May  DOC-41 Minute Order 6, Order setting response date; COS
25 May  DOC-42 Response to petitioners’ objections to Christopher Yuen
 25 May DOC-43

The University of Hawaii at Hilo’s statement of position on petitioners’ motion for reconsideration of minute order no. 4, filed on May 6, 2016 and/or motion to strike selection process and to disqualify various members and hearing officer, filed May 13, 2016; Declaration of counsel; Exhibits “1” and “2”

26 May  DOC-44 Minute order no. 7 (1st prehearing conference and Amano fourth supplemental disclosure)
 26 May  DOC-45 Amano fifth supplemental disclosure
26 May   DOC-46 TMT International Observatory, LLC’s supplemental memorandum in support of its motion to have TMT International Observatory, LLC admitted as a party in the contested case hearing, filed April 8, 2016; COS
 26 May  DOC-47 Request from Linda Namauu to be admitted as a party to the contested case hearing
 27 May DOC-48

Request from Maile Taualii and Danelle Cooper to be admitted as a party to the contested case hearing

27 May  DOC-49

Minute Order 8, Order setting hearings on motions to intervene and 2nd pre-hearing conference

28 May  DOC-50 Request from Temple of Lono  to intervene; Memorandum in support of motion; Declaration of Tahuna Frank Kamehameha Tamealoha Anuumealani Nobriga with exhibits
 31 May DOC-51 Request from Kalikolehua Kanaele to be admitted as a party to the contested case hearing
 31 May DOC-52 Petitioners’ submissions and positions on record; Exhibit “A”
 31 May DOC-53 Request from Stephanie-Malia:Tabbada to be admitted as a party to the contested case hearing
 31 May DOC-54 Request from Tiffnie Kakalia to be admitted as a party to the contested case hearing
1 Jun  DOC-55 Requests to intervene received by the Department of Land and Natural Resources between April 8, 2016 and May 31, 2016
 31 May  DOC-56 Request from Glen Kila to be admitted as a party to the contested case hearing
 31 May  DOC-57 Request from Dwight J. Vicente to be admitted as a party to the contested case hearing
  31 May DOC-58 Request from Joy Keahipuakauikawekiu Mills-Ferren to be admitted as a party to the contested case hearing
  31 May DOC-59 Request from Brannon Kamahana Kealoha to be admitted as a party to the contested case hearing
 31 May  DOC-60 Response to petitioner’s objections to Christopher Yuen
1 Jun  DOC-61 Requests to intervene received by the Department of Land and Natural Resources on May 31, 2016
2 Jun  DOC-62  (sample) Correspondence from OCCL to petitioners regarding contested case filing fee, ex parte communication, and documents library
3 Jun   DOC-63  Minute Order 9, Order denying petitioners’ motion for reconsideration of Minute Order No. 4 filed on May 6, 2016 and/or Motion to strike selection process and to disqualify various members and Hearing Officer
2 Jun   DOC-64 Request from Cindy Freitas to be admitted as a party to the contested case hearing
6 Jun   DOC-65 Minute Order 10, Order regarding hearing / conference room rules and extended coverage; COS
9 Jun  DOC-66 Minute Order 11, regarding relocation of hearings on motions to intervene
 13 Jun DOC-67 Request from Maile Taualii and Danelle Cooper to be withdrawn as a party from contested case hearing 
13 Jun  DOC-68 Request from William K. Freitas to be admitted as a party to the contested case hearing
13 Jun  DOC-69 Petitioners’ memorandum in opposition to Perpetuating Unique Educational Opportunities, Inc.’s motion to intervene, dated May 16 2016; Declaration of counsel; Exhibit “A” 
 13 Jun DOC-70 Petitioners’ memorandum in opposition to TMT’s motion to have TMT International Observatory, LLC admitted as a party in the contested case hearing; Declaration of counsel; Exhibits “A” – “D”
 13 Jun DOC-71 The University of Hawaii at Hilo’s response to the requests to intervene as a party pursuant to Minute Order No. 7; Declaration of counsel; Exhibit A
 13 Jun DOC-72 (Temple of Lono)”Notice: Fee Paid Under Protest;” Exhibits 1 and 2; Declaration of Lanny Alan Sinkin
13 Jun  DOC-73 (Maelani Lee) “Exhibits A- J”
17 Jun  DOC 74  (Temple of Lono) Statement of representation
17 Jun  DOC 75  (TMT International Observatory, LLC) Declaration of J. Douglas Ing; Exhibits “A” thru “C”
20 Jun  DOC-76 Declaration of Frank Tamehameha Kamehaloha Anuumealani Nobriga re: Appointment of Lanny Alan Sinkin as an Officer of the Temple of Lono
20 Jun   DOC-77 (Temple of Lono) Motion for refund of filing fee; Memorandum in support of motion for refund of filing fee
 21 Jun DOC-78   Temple of Lono motion for partial summary judgment; Temple of Lono memorandum in support of motion for partial summary judgement; Exhibits 1-3
22 Jun  DOC-79   Kingdom of Hawaii notice of absence of necessary and indispensible parties; Exhibits 1-3
24 Jun  DOC-80 Dwight J. Vicente motion to disqualify Judge Riki May Amano (ret.); State of Hawaii lack of jurisdiction to hear this contested case
 11 Jul DOC-81 Petitioners Mauna Kea Anaina Hou et al.’s request for continuance on submissions and next hearing date
12 Jul  DOC-82 Minute Order 12, Order denying Temple of Lono’s motion for refund of filing fee, filed June 23, 2016
12 Jul  DOC-83 Petitioners Mauna Kea Anaina Hou et al.’s supplement to request for continuance on submissions and next hearing date
13 Jul  DOC-84  Maelani Lee motion to intervente (motion to take judicial notice, two requests)
14 Jul 

DOC-85 

 TMT International Observatory LLC’s response to petitioners’ request for continuance on submissions and next hearing date
 14 Jul  DOC-86 UH-Hilo’s opposition to petitioners’ request for continuance on submissions and next hearing date
 14 Jul  DOC-87 Petitioners Mauna Kea Anaina Hou et al.’s reply to TMT International Observatory LLC’s and UH responses
 15 Jul DOC-88 (Kanaele) Email re: Joining of motions for continuance with Richard Naiwi Wurdeman’s motion, and opposition to UH opposition to Richard Naiwi Wurdeman’s motion for continuance
 18 Jul

DOC-89

C. Freitas request for continuance for time and next hearing date
 18 Jul DOC-90 W. Freitas request for continuance for time and next hearing date
18 Jul  DOC-91 Kila request for continuance on witness list and next hearing date
 18 Jul DOC-92 Sleightholm request for continuance on witness list and next hearing date
 18 Jul DOC-93 TMT International Observatory’s response to petitioners’ request for a continuance of the motions deadline
18 Jul  DOC-94 Petitioners Mauna Kea Anaina Hou et al.’s  motion to strike Conservation District Use Application, HA-3568, dated September 2, 2010, and/or motion for summary judgement; Memorandum in support of motion; Declaration of Richard Naiwieha Wurdeman; Exhibits “A” – “E”
18 Jul  DOC-95 Petitioners Mauna Kea Anaina Hou et al.’s  motion to disqualify BLNR’s and Hearing Officer’s counsel; Memorandum in support of motion; Declaration of Richard Naiwieha Wurdeman; Exhibits “A” – “E;”
 18 Jul DOC-96 Fergerstrom motion to reconsider all motions, application, and / or request for admission or intervention as a party or other parties in this matter; Motion to strike all motions, applications, decisions, etc.: essentially making moot the entire hearing; Motion to remove Hearing Office Riki May Amano, Attorney General Julie China, and Director of Coastal and Conservation Lands Michael Cain
18 Jul  DOC-97 Tabbada motion to vacate entire process for violation of BLNR and University of Hawaii fiduciary trust, rights, responsibilities, breach of contract, etc. mandated the by the law of the land
 18 Jul DOC-98 Kihoi motion to deny the intervention of Perpetuating Unique Educational Opportunities as a party to the contested case hearing; Memorandum in opposition of motion
18 Jul  DOC-99 Perpetuating Unique Educational Opportunities, Inc.’s  motion to set the issues
18 Jul  DOC-100 Temple of Lono Witness List
18 Jul  DOC-101 C. Freitas witness list
18 Jul  DOC-102 W. Freitas witness list
18 Jul  DOC-103 Petitioners Mauna Kea Anaina Hou et al.’s witness list
18 Jul  DOC-104 Petitioners Mauna Kea Anaina Hou et al.’s supplemental witness list
18 Jul  DOC-105 TMT International Observatory, LLC’s witness list
 18 Jul DOC-106 Applicant University of Hawaii at Hilo’s witness list
18 Jul  DOC-107 Camara witness list
18 Jul  DOC-108 DeLeon witness list
18 Jul  DOC-109 Kakalia witness list
 18 Jul DOC-110 Kanuha witness list
 18 Jul DOC-111 Perpetuating Unique Educational Opportunities, Inc.’s witness list
18 Jul  DOC-112 Perpetuating Unique Educational Opportunities, Inc.’s first amended witness list
20 Jul  DOC-113 Kanaele witness list 
20 Jul  DOC-114 C Freitas reply to TMT International Observatory LLC’s and UH responses to petitioners’ request for a continuance letter sign on July 15, 2016
21 Jul 

DOC-115 

 Minute Order 13, Order on the hearing on admission or intervention as a party; Second pre-hearing conference
18 Jul  DOC-116 Kihoi witness list
18 Jul  DOC-117 (Kealoha email) Subject: Re: Resent: Kamahana Witnesses under protest of deadline and motion to extend
19 Jul  DOC-118 (Kealoha email) Subject: Re: Resent: Kamahana witness under protest of deadline and motion to extend (2)
20 Jul  DOC-119 Temple of Lono opposition to PUEO motion to set the issues
20 Jul  DOC-120 TMT International Observatory, LLC witness list (reformatted)

21 Jul

DOC-121

Temple of Lono witness list (resubmitted)
22 Jul DOC-122 (Kanaele email)  Subject: Motion to join
22 Jul DOC-123 (DeLeon email) Subject: Re: Motion to join
22 Jul DOC-124 Minute Order No. 14 denying Dwight J. Vicente’s motion to disqualify Judge Riki May Amano (ret.); State of Hawaii lack of jurisdiction tohear the contested case hearing
21 Jul DOC-125 W Freitas reply to TMT International Observatory LLC’s and UH responses to petitioners’ request for a continuance letter sign on July 15, 2016
22 Jul DOC-126 Temple of Lono motion to dismiss for lack of jurisdiction based on unresolved land claims; Memorandum in support; Exhibit 1
22 Jul DOC-127 Temple of Lono motion to vacate ruling and supplement response time; Exhibit 1 (declaration of Lanny Alan Sinkin)
25 Jul DOC-128 TMT International Observatory, LLC witness list (reformatted)
26 Jul DOC-129 (Kealoha) Witness list (resubmitted)
26 Jul DOC-130 Petitioners Mauna Kea Anaina Hou et al.’s: (1) Renewal of objections to hearing officer selection process and hearing officer appointment, and (2) Supplemental arguments on motion to disqualify BLNR’s and Hearing Officer’s counsel, filed on July 18, 2016; Declaration of Richard Naiweha Wurdeman; Exhibits “A” – “D”
  (duplicate; see Doc 121)
27 Jul DOC-132   Temple of Lono response in support of intervenor Dwight J. Vicente motion to disqualify Judge Riki May Amano (ret.); State of Hawaii lack of jurisdiction to hear this contested case hearing; Exhibit 1 with Exhibits A and B
28 Jul  DOC-133  Temple of Lono notice of citations

29 Jul

Doc-134

Perpetuating Unique Educational Opportunities, Inc.’s witness list (resubmitted); COS
1 Aug Doc-135 The University of Hawaii at Hilo’s opposition to Temple of Lono’s motion for partial summary judgment [Doc. 78]; Declaration of counsel; Exhibits “1” – “2”; COS
1 Aug Doc-136 The University of Hawaii at Hilo’s memorandum in opposition to Maelani Lee’s motion to intervene filed July 13, 2016 [Doc. 84]; Declaration of counsel; Exhibit “1”; COS
1 Aug Doc-137 The University of Hawaii at Hilo’s opposition to Petitioners Mauna Kea Anaina Hou and Kealoha Pisciotta, Clarence Kukauakahi Ching, Flores-Case Ohana, Deborah J. Ward, Paul K.Neves and KAHEA: The Hawaiian Environmental Alliance’s motion to strike Conservation District Use Application, HA-3569, dated September 2, 2010, and/or motion for summary judgment, filed July 18, 2016 [Doc. 94]; Declaration of counsel; Exhibits “1” to “9”; COS
1 Aug Doc-138 The University of Hawaii at Hilo’s opposition to Petitioners’ motion to disqualify BLNR’s and Hearing Officer’s Counsel, filed July 18, 2016 [Doc. 95]
1 Aug Doc-139 The University of Hawaii at Hilo’s opposition to living heir/proper party/Petitioner Stephanie-Malia Tabbada’s motion to vacate entire process for violation of BLNR and University of Hawaii fiduciary trust, rights, responsibilities, breach of contract, etc. mandated by the law of the land [Doc. 97]; COS
1 Aug Doc-140 The University of Hawaii at Hilo’s substantive joinder in support of Perpetuating Unique Educational Opportunities’ motion to set the issues, filed July 18, 2016 [Doc. 99]; Declaration of counsel; Exhibits “1” – “2”; COS
1 Aug Doc-141 The University of Hawaii at Hilo’s objections to immaterial, irrelevant and unduly repetitious witness testimony; Declaration of counsel; Exhibit “1”; COS
1 Aug Doc-142 TMT International Observatory, LLC’s joinder in (1) The University of Hawaii at Hilo’s opposition to Temple of Lono’s motion for partial summary judgment; and (2) The University of Hawaii at Hilo’s opposition to living heir/proper party/Petitioner Stephanie-Malia Tabbada’s motion to vacate entire process for violation of BLNR and University of Hawai’i fiduciary trust, rights, responsibilities, breach of contract, etc. mandated by the law of the land; COS
1 Aug Doc-143 TMT International Observatory, LLC’s objections to witness lists; COS
1 Aug Doc-144 TMT International Observatory, LLC’s opposition to the three motions filed by Harry Fergerstrom [Doc. 96];  COS
1 Aug Doc-145 TMT International Observatory, LLC’s opposition to Mehana Kihoi’s motion to deny the intervention of Perpetuating Unique Educational Opportunities as a party to the contested case hearing dated July 18, 2016 [Doc. 98]; COS
1 Aug Doc-146 TMT International Observatory, LLC’s opposition to Maelanai Lee’s motion to intervene [Doc-84]; COS
1 Aug Doc-147 TMT International Observatory, LLC’s opposition to motion to disqualify BLNR’s and Hearing Officer’s counsel; COS
1 Aug Doc-148 TMT International Observatory, LLC’s opposition to Petitioners Mauna Kea Anaina Hou and Kealoha Pisciotta, Clarence Kukauakahi Ching, Flores-Case Ohana, Deborah J. Ward, Paul K. Neves, and Kahea: The Hawaiian Environmental Alliance’s motion to strike Conservation District Use Application, HA-3568, dated September  2, 2010, and/or motion for summary judgment filed July 18, 2016 [Doc. 94]; COS
1 Aug Doc-149 TMT International Observatory, LLC’s opposition to the Temple of Lono motion to dismiss for lack of jurisdiction Based on Unresolved Land Claims [Doc. 126]; COS
1 Aug Doc-150 TMT International Observatory, LLC’s opposition to Temple of Lono motion to vacate ruling and supplement response Time [Doc. 127]; COS
1 Aug Doc-151 TMT International Observatory, LLC’s response to the purported Kingdom of Hawaii’s notice of absence of necessary and indispensable parties [Doc. 79]; COS
1 Aug Doc-152 TMT International Observatory, LLC’s substantive joinder in Perpetuating Unique Educational Opportunities, Inc.’s motion to set the issues [Doc. 99]; COS
1 Aug Doc-153 Perpetuating Unique Educational Opportunities, Inc.s joinder in The University of Hawaii at Hilo’s opposition to Petitioners’ motion to disqualify BLNR’s and Hearing Officer’s counsel, filed July 18, 2016; COS
1 Aug Doc-154 Perpetuating Unique Educational Opportunities, Inc.’s joinder in The University of Hawaii at Hilo’s opposition to Temple of Lono’s motion for partial summary Judgment; COS
1 Aug Doc-155 Perpetuating Unique Educational Opportunities, Inc.s memorandum in opposition to Mehana Kihoi’s motion to deny the intervention of Perpetuating Unique Educational Opportunities as a party to the contested case hearing; COS
1 Aug Doc-156 Notice of special appearance as Special Deputy Attorneys General for Attorney General Douglas S. Chin, The Department of the Attorney General,and Deputy Attorneys General in their capacity as counsel for the Board of Land and Natural Resources and Hearing Officer; COS
1 Aug Doc-157 Attorney General Douglas S. Chin, The Department of the Attorney General,and Deputy Attorneys General in their capacity as counsel for the Board of Land and Natural Resources and Hearing Officer’s, Memorandum in opposition to Petitioners Mauan Kea Anaina Hou; Keahola Pisciotta; Clarence Kukaukahi Ching; Flores Case-Ohana; Deborah J. Ward; Paul K. Neves and Kahea: The Environmental Alliance’s motion to disqualify the BLNR’s and Hearing Officer’s counsel; Declaration of Douglas S. Chin; Declaration of William J. Wynhoff; Declaration of Julie H. China; COS
1 Aug Doc-158 Cindy Freitas witness list (resubmitted); COS
1 Aug Doc-159 Mehana Kihoi witness list (resubmitted); COS
1 Aug Doc-160 Tiffnie Kakalia witness list (resubmitted); COS
1 Aug Doc-161 Brannon Kamahana Kealoha quo warranto, demand of jurisdiction; COS
1 Aug Doc-162 J. Leinaala Sleightholm witness list (resubmitted); COS
1 Aug Doc-163 Mauna Kea Anaina Hou, et. al. Petitioners’ initial objections to witnesses designated by other parties; COS
1 Aug Doc-164 Mauna Kea Anaina Hou, et. al. Petitioners’ position statement on Perpetuating Unique Educational Opportunities, Inc.’s motion to set the issues, dated July 18, 2016; COS
1 Aug Doc-165 Petitioners Mauna Kea Anaina Hou et al.’s witness list (resubmitted); COS
1 Aug Doc-166 William Freitas first amended witness list; COS
1 Aug Doc-167 Glen Kila witness list; COS
1 Aug Doc-168 (email) Richard N. Wurdeman note for the record
1 Aug Doc-169 Dwight J. Vicente motion to support of the Temple of Lono’s motion to vacate the Board’s July 22, 2016, Minute Order No. 14; COS
1 Aug Doc-170 Perpetuating Unique Educational Opportunities, Inc.s joinder in The University of Hawaii at Hilo’s opposition to Petitioners Mauna Kea Anaina Hou and Kealoha Pisciotta, Clarence Kukauakahi Ching, Flores-Case Ohana, Deborah J. Ward, Paul K.Neves and KAHEA: The Hawaiian Environmental Alliance’s motion to strike Conservation District Use Application, HA-3569, dated September 2, 2010, and/or motion for summary judgment, filed July 18, 2016; COS
1 Aug Doc-171 The University of Hawaiʻi at Hilo’s Witness List – resubmitted pursuant to Minute Order No. 13; COS
2 Aug Doc-172 Richard L. DeLeon first amended witness list; COS
29 Jul Doc-173 Kanaele motion to exclude/remove PUEO, TMT, UH Manoa/Hilo, and all Petitioners seeking for permit for TMT by circumvention of religious protections of the Hawaii Constitution Article XII and HRS 7-11-1107 committing desecration; COS

1 Aug

Doc-174

Tabbada motion to support (1) of the Temple of Lono’s motion to vacate the Board’s Minute Order No. 14 and (2) Dwight Vicente filing of July 29, 2016; (3) Motion to support Mehana Kihoi motion to deny the PUEO opportunities as a party; COS
3 Aug  Doc-175 Temple of Lono response to TMT International Observatory, LLC’s response to the purported Kingdom of Hawaii’s notice of absence and inddispensible parties [Doc-79]; COS
3 Aug Doc-176 Temple of Lono reply to the University of Hawaii at Hilo’s opposition to Temple of Lono’s motion for partial summary judgement [Doc. 78]; COS
5 Aug Doc-177 Temple of Lono reply to TMT International Observatory, LLC’s opposition to Temple of Lono motion to vacate ruling and supplement response Time [Doc. 127]; COS
7 Aug Doc-178  Temple of Lono motion for reconsideration; Memorandum in support; COS
8 Aug Doc-179 Temple of Lono motion to file motion out of time; Exhibits 1 and 2, COS
8 Aug Doc-180 Kamahana Kealoha: Motion invoking Quo Warranto, respectfully, a demand of jurisdiction; Declaratory judgement on a constitutional issue / violation resubmitted 8/8/2016; COS
8 Aug Doc-181  Joseph K. L. Camara’s joinder to Richard Naiwieha Wurderman’s motion to strike Conservation District Use Application, HA-3568 dated September 2, 2101, and/or motion for summary judgement; COS
8 Aug Doc-182 Motion for protective order for the Honorable David Y. Ige, Suzanne Case and Standley Roehrig; Memorandum in support of motion; COS
9 Aug Doc-183  TMT International Observatory, LLC’s objections to (1) Temple of Lono motion for reconsideration; (2) Temple of Lono motion to file motion out of time; and (3) Jospeh K.L. Camara’s joinder to Richard Naiwieha Wurderman’s motion to strike Conservation District Use Application, HA-3568 dated September 2, 2101, and/or motion for summary judgement; COS
9 Aug Doc-184 TMT International Observatory, LLC’s opposition to Kamahana Kealoha: Motion invoking Quo Warranto, respectfully, a demand of jurisdiction; Declaratory judgement on a constitutional issue / violation resubmitted 8/8/2016; COS
9 Aug Doc-185 Minute Order 15 (Change of location for August 12, 2016 continued hearing and 3rd pre-hearing conference); COS
9 Aug Doc-186 Fergerstrom opposition to PUEO’s motion to set the issues; Memorandum of support 
10 Aug Doc-187 Petitioners Mauna Kea Anaina Hou, et al.’s motion to strike motion for protective order for the Honorable David Y. Ige, Suzanne Case, and Stanley Roehrig, filed on August 8, 2016, filed on August 10, 2016
10 Aug Doc-188 Wurdeman correspondence addressed to Hearing Officer Judge (Ret.) Riki May Amano and BLNR Chair Suzanne Case re: Hearing on Petitioners’ motion to disqualify BLNR’s and Hearing Officer’s counsel, Filed on July 18, 2016, filed on August 10, 2016.
10 Aug Doc-189 Kamahana Kealoha: Response to TMT International Observatory, LLC’s opposition to motion invoking quo warranto, respectfully, a demand of jurisdiction; Declaratory judgement on a constitutional issue/violation resubmitted 8/8/2016
10 Aug Doc-190 Kamahana Kealoha: Demanding redress to the fact that we are being rushed, coerced, and intimidated through this process by the Hearing’s Officer and through silence and verbal prodding as well as through silence and lack of action of the Attorney General’s Office. 
10 Aug Doc-191 Kamahana Kealoha: Invoking American law; Motion demanding inventory of the so-called ceded lands containing the specific land and parcel the TIO plans to be sub-leased by UH who leases said lands from the BLNR, a survery of these lands also
10 Aug Doc-192 J. Leinaala Sleightolm’s joinder to Mehana Kihoi’s motion to exclude PUEO as a party
10 Aug Doc-193 Leinaala Sleightholm joinder to Temple of Lono motion to file motion out of time
10 Aug Doc-194 The University of Hawaii at Hilo’s opposition to Temple of Lono’s motion to file out of time [Doc. 179]
10 Aug Doc-195 Mehana Kihoi’s joinder to Hank Fergerstrom’s motion to oppose P.U.E.O. LLC’s motion to set the issues
11 Aug  Doc-196   The University of Hawai’i at Hilo’s objection to (1) Harry Fergerstrom’s opposition to Pueo’s motion to set the issues, filed August 9, 2016 [Doc. 186]; (2) J. Leina’ala Sleightholm’s joinder to Hank Fergustrom’s [sic] motion to oppose Pueo’s motion to set issues, filed August 10, 2016 [Doc. __]; and (3) Mehana Kihoi’s joinder to Hank Fergerstrom’s motion to oppose P.U.E.O. LLC’s motion to set the issues, filed August 10, 2016; COS
 11 Aug  Doc-197   The University of Hawai’i at Hilo’s objection to J. Leina’ala Sleightholm’s joinder to Mehana Kihoi’s motion to exclude Pueo as a party, filed August 10, 2016 [Doc. 192] 
11 Aug   Doc-198   The University of Hawai’i at Hilo’s objection to J. Leina’ala Sleightholm’s joinder to Temple of Lono motion to file out of time filed August 10, 2016 [Doc. 193]; COS
 11 Aug  Doc-199   The University of Hawaiʻi at Hilo’s joinder as to part (3) of TMT International Observatory LLC’s objections to (1) Temple of Lono motion for reconsideration; (2) Temple of Lono motion to file motion out of time; and (3) Joseph K.L. Camara’s joinder to Richard Naiwieha Wurderman’s motion to strike Conservation District Use Application, HA-3568 dated September 2, 2010 and/or motion for summary judgment, Filed August 9, 2016 [Doc. 183]; COS
 11 Aug  Doc-200   The University of Hawai’i at Hilo’s opposition to Temple of Lono’s motion for reconsideration, filed August 7, 2016 [Doc. 178]; COS
11 Aug Doc-201 The University of Hawaiʻi at Hilo’s joinder to David Y. Ige, Suzanne Case And Stanley Roehrig’s motion for protective order for the Honorable David Y. Ige, Suzanne Case and Stanley Roehrig, filed August 8, 2016 [Doc. 182]; COS
 11 Aug  Doc-202   The University of Hawaiʻi at Hilo’s Joinder to TMT International Observatory, LLC’s Opposition to Kamahana Kealoha:  Motion invoking quo warranto, respectfully, a demand of jurisdiction; Declaratory judgment on a constitutional issue/violation resubmitted 8/8/2016, Filed August 9, 2016 [Doc. 184]; COS
 11 Aug  Doc-203   TMT International Observatory, LLC’s objections to the untimely motions and joinders filed by anti-TMT parties including, but not limited to, doc. nos. 178, 179, 187, 190, 191, 192, 193, and 195; COS
 11 Aug  Doc-204   TMT International Observatory, LLC’s objections to J. Leinaala Sleightholm’s joinder to Mehana Kihoi’s motion to exclude PUEO as a party [doc-192]; COS
11 Aug   Doc-205   Cindy Frietas motion to reconsideration; Memorandum in support; COS
 11 Aug  Doc-206   Fergerstrom opposition to TMT International Observatory’s opposition to Kamahana Kealoha motion invliking quo warranto; Memorandum in support; COS.
 11 Aug Doc-207   William Freitas’s joinder to Cindy Freitas motion to reconsideration; COS
11 Aug Doc-208 Vicente objection of the protective order file dated August 8, 2016
12 Aug  Doc-209   Kihoi motion for reconsideration to deny the intervention of Perpetuating Unique Educational Opportunities as a party to the contested case hearing; Memorandum in opposition; COS
8 Aug Doc-210 J. Leniaala Sleighholm’s joinder to Hank Fergerstrom’s motion to oppose PUEO’s motion to set issues.
15 Aug Doc-211 Temple of Lono withdrawal of motion for reconsideration [Doc-178] without prejudice
16 Aug Doc-212  Cindy Freitas withdrawal of motion for reconsideration [Doc 205] without prejudice
17 Aug Doc-213  Shelley C. Stephens (Mahi Hanai) request to be part of Contested Case Hearing
 17 Aug Doc-214   W Freitas site visit proposal
 17 Aug Doc-215   University of Hawaii at Hilo’s site visit designations; COS
 17 Aug Doc-216   Sleightholm list of site visit attendees
17 Aug  Doc-217   TMT International Observatory, LLC’s proposal for site visit; COS
17 Aug  Doc-218   Petitioners Mauna Kea Anaina Hou, et al.’s site visit recommendations; COS
17 Aug  Doc-219    Fergerstrom correspondence regarding Mauna Kea site visit
17 Aug  Doc-220   C Freitas site visit proposal; COS
 19 Aug Doc-221   Glen Kila memorandum in support of motion to file motion out of time
 20 Aug Doc-222   (Vicente) Objection of (“PUEO”) motion to set the issue
22 Aug   Doc-223  Second amended Certificate of Service [Motion for protective order for the Honorable David Y. Ige, Suzanne Case, and Stanley Reohrig]
 22 Aug Doc-224  Governor David Y. Ige, Suzanne Case and Stanley Roehrig’s memorandum in opposition to petitioners’ motion to strike motion for protective order for The Honorable  David Y. Ige, Suzanne Case, and Stanley Reohrig filed on August 8, 2016; COD
22 Aug  Doc-225   The University of Hawaiʻi at Hiloʼs joinder to TMT International Observatory, LLC’S opposition to Kamahana Kealoha:  Motion demanding redress to the fact that we are being rushed, coerced and intimidated through this process by the Hearing’s Officer and through silence and verbal prodding as well as through the silence and lack of action of the Attorney General’s Office [Doc-190]; COS
22 Aug  Doc-226   The University of Hawai‘i at Hilo’s joinder to TMT International Observatory, LLC’s opposition to Mehana Kihoi’s motion for reconsideration to deny the intervention of Perpetuating Unique Educational Opportunities as a party in the contested case hearing [Doc-209]; COS
22 Aug  Doc-227   C Freitas motion to file out of time; COS
22 Aug  Doc-228  Kamahana Kealoha motion to join Mehana Kihoi’s motion for reconsideration of Perpetuating Unique Educational Opportunities as a party in the contested case
22 Aug  Doc-229   TMT International Observatory, LLC’s objections to Mauna Kea Anaina Hou, et al.’s site visit recommendations; COS
22 Aug   Doc-230  TMT International Observatory, LLC’s objections to the site visit proposal by Cindy Freitas; COS
22 Aug  Doc-231   TMT International Observatory, LLC’s opposition to Kamahana Kealoha: Motion demanding redress to the fact that we are being rushed, coerced and intimidated through this process by the Hearing’s Officer and through silence and verbal prodding as well as through the silence and lack of action of the Attorney General’s Office [Doc-190]; COS
22 Aug  Doc-232   TMT International Observatory, LLC’s opposition to Mehana Kihoi’s motion for reconsideration to deny the intervention of Perpetuating Unique Educational Opportunities as a party to the contested case hearing; Declaration of J. Douglas Ing; Exhibit “1”; COS
22 Aug  Doc-233   Petitioners Mauna Kea Anaina Hou, et al.’s memorandum in opposition to motion for protective order for the Honorable David Y. Ige, Suzanne Case and Stanley Reohrig, filed on August 8, 2016; Declaration of counsel; Exhibits “A” – “H”; COS
22 Aug  Doc-234   Perpetuating Unique Educational Opportunities, Inc.’s memorandum in opposition to Mehana Kihoi’s motion for reconsideration to deny the intervention of Perpetuating Unique Educational Opportunities as a party to the contested case hearing; COS
22 Aug  Doc-235   J. Leinaala Sleightholm’s memorandum in support of Temple of Lono motion to file out of time
22 Aug  Doc-236   J. Leinaala Sleightholm’s joinder to Mehana Kihoi’s motion for reconsideration to deny the intervention of Perpetuating Unique Educational Opportunities as a party in the contested case hearing dated 08/12/2016
22 Aug  Doc-237   TMT International Observatory, LLC’s substantive joinder to applicant The University of Hawaii at Hilo’s memorandum in opposition to Kamahana Kealoha’s Kamahana Kealoha: Invoking American law; Motion demanding inventory of the so-called ceded lands containing the specific land and parcel the TIO plans to be sub-leased by UH who leases said lands from the BLNR, a survey of these lands also, filed August 10, 2106 [Doc. 191]; COS
22 Aug  Doc-238   Minute Order 16: Third prehearing conference; COS
 22 Aug  Doc-239   Tabbada (a) Response to University of Hawaii oppositions doc 139, 194, 196, 197, 198, 199, 200, 201, 202; (b) Support Kamahana Kealoha quo warranto doc 180; (c) Support Dwight Vincente filings; (d) Response to motion for protective order doc 182; (e) In support of Richard Wurdeman’s motion to strike CDUA application HA-3568 discussed 8/12/2016; COS
22 Aug   Doc-240   Fergerstrom late filing of witness list; Good casue showing; Witness information; COS
22 Aug Doc-241   The University of Hawai‘i at Hilo’s joinder to TMT International Observatory, LLC’s objections to the untimely motions and joinders filed by anti-TMT parties including, But Not Limited to, Doc. Nos. 178, 179, 187, 190, 191, 192, 193, and 195, filed August 11, 2016 [Doc. 203]; COS
22 Aug Doc-242   The University of Hawai‘i at Hilo’s supplemental comments on Perpetuating Unique Educational Opportunities, Inc.’s motion to set the issues [Doc 99]; Declaration of counsel; Exhibit “1”; COS
22 Aug Doc-243   The University of Hawai‘i at Hilo’s memorandum in opposition to Brannon Kamahana Kealoha’s Kamahana Kealoha:  Invoking American law; Motion demanding inventory of the so-called ceded lands containing the specific land and parcel the TIO plans to be sub-leased by UH who leases said lands from the BLNR, a survey of these lands also, Filed August 10, 2016 [Doc. 191]; COS
25 Aug Doc-244  Fergerstrom memorandum in support of Temple of Lono motion to file motion out of time; COS
  26 Aug  Doc-245    Minute Order 17, Order denying motion objecting to the Hearing Officer and the Hearing Officer Selection Process; COS
26 Aug Doc-246   TMT International Observatory, LLC’s request for Board to act upon denial of intervention pursuant to HAR Sect. 13-1-31(G); Declaration of Ross T. Shinyama; Exhibit “1”‘
 29 Aug Doc-247  Fergerstrom Memorandum of Clarity That This Case is infact a Land Case and Not a Political Question; COS
 29 Aug Doc-248 Fergerstrom Notice of the Appearance of Administrative Bias
 30 Aug Doc-249 DeLeon Motion to Withdraw from Contested Case Hearing
 1 Sept  Doc-250 C. Freitas Motion to Withdraw Ku`uipo Freitas as Witness; Memorandum in Support; COS
1 Sept Doc-251 DeLeon Motion to Withdraw Richard Maele DeLeon as Party to the Contested Case and Witness Under my Name
2 Sept Doc-252 Fergerstrom Notice of Family Burial Claim Under the Proposed TMT Site; Copy of Claim with SHPD; COS
7 Sept Doc-253 Kanaele Witness List; COS
 8 Sept Doc-254 Petitioners Mauna Kea Anaina Hou, et al.’s Request for Further Status Conference and/or Consideration of Proposed Scheduling; Declaration of Counsel; Exhibits “A” – “B”; COS
9 Sept Doc-255 Perpetuating Unique Educational Opportunities, Inc.’s Site Visit Designation; COS
9 Sept Doc-256 Perpetuating Unique Educational Opportunities, Inc.’s proposed minute order granting Perpetuating Unique Educational Opportunities, Inc.’s motion to set issues [Doc-99]; Exhibit “A”; COS
11 Sept Doc-257 (Fergerstrom) Memorandum in support of Petitioners Mauna Kea Anaina Hou, et al.’s request for further status conference and/or consideration of proposed schdeduling
12 Sept Doc-258 (W. Freitas) Memorandum in support of Petitioners Mauna Kea Anaina Hou, et al.’s request for further status conference and/or consideration of proposed schdeduling (sic)
12 Sept Doc-259 (C. Freitas) Memorandum in support of Petitioners Mauna Kea Anaina Hou, et al.’s request for further status conference and/or consideration of proposed schdeduling (sic)
14 Sept Doc-260 Kihoi site visit proposal
14 Sept Doc-261 Kihoi memorandum in support of Petitioners Mauna Kea Anaina Hou, et al.’s request for further status conference and/or consideration of proposed schdeduling (sic) Doc 254; COS
17 Sept Doc-262 Temple of Lono motion to recuse Hearing Officer; Memorandum in support; COS
17 Sept Doc-263 Temple of Lono motion for summary judgement (disqualification); Memorandum in support; COS
17 Sept Doc-264 Temple of Lono motion for summary judgement (desecration); Memorandum in support; COS
17 Sept Doc-265 Temple of Lono proposed issues; Exhibit “A”; COS
18 Sept Doc-266 Fergerstrom opposition to Perpetuating Unique Educational Opportunities, Inc.;s proposed minute order granting Perpetuating Unique Educational Opportunities, Inc.’s motion to set the issues; Memorandum of support; COS
19 Sept Doc-267 The University of Hawai’i at Hilo’s response in support of Perpetuating Unique Educational Opportunities, Inc.’s proposed minute order granting PUEO’s motion to set issues (Doc.-99) [Doc. 256]; COS
19 Sept Doc-268 TMT International Observatory, LLC’s response to Perpetuating Unique Educational Opportunities, Inc.;s proposed Minute Order granting Perpetuating Unique Educational Opportunities, Inc.’s motion to set the issues (Doc-99) [Doc 256]; Exhibits “1” and “2”; COS
19 Sept Doc-269 Joseph Lualii Lindsey Camara’s  response to Perpetuating Unique Educational Opportunities, Inc.;s proposed minute order granting Perpetuating Unique Educational Opportunities, Inc.’s motion to set the issues; Exhibit “A”; COS
19 Sept Doc-270 Mauna Kea Anaina Hou, et al. Petitioners’ response to P.U.E.O., Inc.’s proposed minute order granting P.U.E.O., Inc.’s motion to set issues; COS
19 Sept Doc-271 W Freitas respond  to issue that all should be considered; COS
19 Sept Doc-272 Vicente objection to PUEO’s motion to set the issues [Doc-99]; Exhibit A; COS
19 Sept Doc-273 Kakalia addion to PUEO’s motion to set issues [Doc-256]; COS
19 Sept Doc-274 Minute Order 18, Order regarding site visit to Mauna Kea September 26, 2016
 19 Sept Doc-275   Tabbada response to Perpetuating Unique Educational Opportunities, Inc.’s proposed minute order motion to set the issues; COS
20 Sept   Doc-276  Notice of Contested Case Hearing; Star-Advertiser ad order confirmation; COS
21 Sept   Doc-277  W Freitas motion to amend Doc 274 site visit to include areas proposed in Doc 214; COS
21 Sept  Doc-278   C Freitas motion to amend Doc 274 site visit to include areas proposed in Doc 220; COS
22 Sept  Doc-279   Kihoi memorandum re: site vist; COS
22 Sept  Doc-280   J Leinaala Sleightholm’s motion of opposition and request to amend Minute Order No. 18 Doc 274; COS
     
     
     
     
     
     
     
     
     
     
     
     

 

 

Contested Cases

 

Question: What is a contested case hearing?

Answer: A contested case is “a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for agency hearing.” Hawaii Revised Statutes (HRS) § 91-1(5).

 

Question: What triggers a contested case hearing?

Answer: A contested case is required by law if a statute or rule governing the activity in question mandates a hearing prior to the administrative agency’s decision-making, or if a hearing is mandated by constitutional due process. A contested case may be required by due process if the person or agency seeking a contested case possesses a property interest, as that interest is defined by the State Constitution.

With respect to the application to build the Thirty-Meter Telescope (TMT), there is a contested case because certain parties who were deemed eligible, pursuant to law, to request a contested case hearing, made that request with respect to the 2011 TMT decision by the Board of Land and Natural Resources (BLNR). The contested case hearing is proceeding now because both the Supreme Court and the Circuit Court remanded to the BLNR with directions to conduct a contested case hearing before the BLNR or a new hearing officer.

 

Question: Who gets a contested case hearing?

Answer: Any interested person or government agency that is entitled to a contested case by law may petition for and receive a contested case hearing.

 

Question: Who can take part in a contested case hearing?

Answer: The applicant and all persons or government agencies admitted as parties may take part in the contested case hearing. Hawaii Administrative Rule (HAR) § 13-1-31.

 

Question: Are contested case hearings open to the public?

Answer: There is no requirement that a contested case hearing be open to the public. It has not yet been determined whether this particular contested case hearing will be open to the public.

 

Question: What role does the public have in a contested case hearing?

Answer: As noted above, while contested case hearings are not required to be open to the public, they may be. When a contested case hearing is open to the public, then – similar to a trial held in court – the public may observe the contested case hearing, but they do not participate in it.

 

Question: What kind of qualifications does a hearing officer need?

Answer: The qualifications for the TMT contested case hearing officer include the following: (1) being an attorney licensed to practice law in the State of Hawaiʻi and in good standing; (2) being able to serve with strict impartiality and having no conflicts of interest or appearance of conflict; (3) being available to devote a substantial amount of time in the next six to twelve months; and (4) being willing to accept the prevailing charge rate relevant to the professional service as a hearing officer, as determined by the Department of Land and Natural Resources (DLNR). Other desirable qualifications include civil litigation experience, practice in administrative law and process, familiarity with government proceedings and procedures, and knowledge of the statutes and rules administered by the DLNR.

 

Question: What role does the hearing officer play in a contested case hearing?

Answer: The BLNR may delegate the conduct of the contested case hearing to a hearing officer, and has done so for the TMT contested case hearing. Without limiting the hearing officer’s powers, the hearing officer may rule on motions, receive testimony and evidence, and issue a report and recommended findings of fact and conclusions of law and decision to the BLNR.

 

Question: What is the difference between “sunshine law” and “contested case law”?

Answer: The regular, twice-a-month, meetings of the BLNR held pursuant to HRS chapter 92 are conducted in a manner commonly referred to as the sunshine law, providing notice, public meetings, and opportunity for public testimony. A contested case hearing is a quasi-judicial proceeding similar to a court proceeding, which is held pursuant to HRS chapter 91. Chapter 92 explicitly provides that the sunshine law does not apply to contested case hearings. HRS § 92-6.

 

[Contested Cases] [The Board and the Chair] [Telescopes on Mauna Kea] [The Supreme Court decision] [Contested Case on TMT and Mauna Kea]

The Board and the Chair

Question: What role does the BLNR play in a contested case hearing?

Answer: Like a judge in a court, the BLNR is the tribunal in the contested case. The law specifically authorizes the BLNR to delegate conduct of the contested case to a hearing officer. The BLNR did so in the TMT contested case. That means the BLNR will render a decision after receiving the hearing officer’s report and recommendations and personally considering the whole record or such portions thereof as may be cited by the parties.

 

Question: What role does the BLNR Chairperson play in a contested case

hearing?

Answer: Now that the contested case has been delegated to a hearing officer, the chairperson generally speaking has the same role as the other BLNR members.

 

[Contested Cases] [The Board and the Chair] [Telescopes on Mauna Kea] [The Supreme Court decision] [Contested Case on TMT and Mauna Kea]

Telescopes on Mauna Kea

 

Question: What is the history of telescopes on Mauna Kea?

Answer: In 1968, the State of Hawai‘i, through the BLNR, entered into a lease with the University of Hawai‘i (UH) for the Mauna Kea Science Reserve (MKSR), which is comprised of 11,288 acres of land. The MKSR covers all land on Mauna Kea above the 12,000 foot elevation, except for certain portions that lie within the Mauna Kea Ice Age Natural Area Reserve. Within the MKSR is a 525 acre Astronomy Precinct. The following observatories are located within the Astronomy Precinct: the UH 2.2-Meter Observatory; the United Kingdom Infrared Telescope; the NASA Infrared Telescope Facility; the Canada-France- Hawai‘i Telescope; the Caltech Submillimeter Observatory; the James Clark Maxwell Telescope; the Very Long Baseline Array telescope; the W. M. Keck Observatory; the Subaru Observatory; the Gemini North Observatory; and the Submillimeter Array telescopes. In addition to the MKSR, the lands managed by the UH include the Hale Pohaku mid-level facilities, and the Summit Access Road between Hale Pohaku and the MKSR.

 

Question: What is the history of the TMT?

Answer: In 2008, in consultation with the University of Hawai‘i at Hilo (UHH), TMT International Observatory LLC (TMT-International) began exploring the possibility of locating an observatory at the Astronomy Precinct. The conservation district use permit application for the TMT observatory project filed by the UHH in 2010 includes: a 30-meter telescope, instruments, dome, attached building, and parking; an access way with underground utilities; upgrades to electrical transformers at a substation located near Hale Pohaku; and a facility in Hilo that will manage activities at and support operation of the TMT observatory. The footprint of the TMT observatory dome, associated areas, and the area to be disturbed during construction was anticipated to be roughly five acres.

 

[Contested Cases] [The Board and the Chair] [Telescopes on Mauna Kea] [The Supreme Court decision] [Contested Case on TMT and Mauna Kea]

The Supreme Court decision

 

Question: What did the Supreme Court rule with respect to TMT and Mauna Kea?

Answer: The Supreme Court ruled that if a contested case is required by law, due process requires a meaningful opportunity, both in reality and in appearance, to be heard before a decision is made. Mauna Kea Anaina Hou v. Board of Land and Natural Resources, 136 Hawai‘i 376, 363 P.3d 224 (2015).

 

Question: What are the results and impacts of that ruling?

Answer: The Supreme Court remanded the TMT permit application to the circuit court to further remand to the BLNR for a contested case hearing before the BLNR or a new hearing officer, or for other proceedings consistent with the opinion. On February 22, 2016, the Third Circuit Court – mirroring the Supreme Court’s language – remanded this matter to the BLNR.

 

Question: Is there going to be a contested case hearing on the remand?

Answer: Yes. There will be a contested case hearing on the remand.

 

Question: Who actually applied for the permit?

Answer: The UHH is the applicant for the TMT conservation district use permit.

 

[Contested Cases] [The Board and the Chair] [Telescopes on Mauna Kea] [The Supreme Court decision] [Contested Case on TMT and Mauna Kea]

Contested Case on TMT and Mauna Kea

 

Question: Why was a hearing officer only recently selected even though the Supreme Court case was decided in December 2015?

Answer: As detailed in the BLNR’s Minute Order No. 2, the Supreme Court ruled on December 2, 2015, and “remanded to the circuit court to further remand to BLNR for proceedings consistent with this opinion, so that a contested case hearing can be conducted before the Board or a new hearing officer, or for other proceedings consistent with this opinion.” The Circuit Court issued its order on February 22, 2016, remanding the matter to the BLNR so that a contested case hearing could be conducted before the BLNR or a new hearing officer, or for other proceedings consistent with the Supreme Court’s opinion.

The BLNR met on February 26, 2016, as part of, and to discharge its adjudicatory function governed by HRS § 91-9. The BLNR delegated the conduct of the contested case hearing to a hearing officer, pursuant to HAR § 13-1-32(b), and confirmed that the Chairperson was authorized to engage the services of a hearing officer pursuant to law.

 

Question: Is the BLNR concerned about fast-tracking this permit so that the developers don’t move the telescope project somewhere else?

Answer: No. the BLNR is committed to a process that is efficient, fair, and provides an ample opportunity for the parties to be heard.

 

Question: Did the BLNR decide to delegate the conduct of the contested case hearing to a hearing officer?

Answer: Yes. The BLNR delegated the conduct of the contested case hearing to a hearing officer and confirmed that the chairperson was authorized to engage the services of a hearing officer pursuant to law.

 

Question: How was the hearing officer selected?

Answer: The hearing officer was selected pursuant to HRS § 103D-304, which requires the DLNR to assemble and vet a list of applicants. Pursuant to this statute, (1) the list was reviewed by a selection committee, which ranked three candidates; and (2) the BLNR Chairperson then negotiated a contract with the first ranked person. If the BLNR Chairperson had been unable to successfully negotiate a contract with the first ranked person, then she would have attempted to negotiate a contract with the next ranked person. In this case, Chairperson Case was able to successfully negotiate a contract with Judge Amano as the first ranked applicant of the selection committee.

The selection committee consisted of: James Duffy, Associate Justice of the Hawaii Supreme Court (Ret.); Stella Kam, Deputy Attorney General; and Christopher Yuen, Member of the BLNR.

Question: Who was selected as hearing officer to hear the contested case?

Answer: Retired Circuit Court Judge Riki May Amano was selected as the hearing officer.

 

Question: What are Judge Amano’s qualifications and background?

Answer: Judge Amano served as a judge in the district and circuit courts of the Third Judicial Circuit, State of Hawai‘i from February 1992 until her retirement in April 2003. She completed her undergraduate education with a BA degree in Political Science and obtained her Juris Doctor degree from the William S. Richardson School of Law, UH. Prior to her appointment to the bench, Judge Amano was a deputy attorney general assigned to the Department of Land & Natural Resources, the Department of Transportation and the Department of Labor and Industrial Relations; and in private practice from 1981 until 1991.

 

Question: Who were the other applicants and how were the applicants ranked by the selection committee?

Answer: The names of qualified persons and the rankings cannot be made public at this time. The process allows for an objection period that could result in the removal of Judge Amano and the need to negotiate with the second or third ranked applicant. That information will be released as soon as possible.

 

Question: What are the terms of the contract with Judge Amano?

Answer: A redacted copy of the contract is available upon request. An unredacted version will be released as soon as possible.

 

Question: What has to happen before the hearing officer can start work?

Answer: Comments and objections have been submitted to Judge Amano’s selection. Her selection has been challenged by petitioners. Those objections need to be resolved as a first step to starting the process.

 

Question: Where will the contested case be heard?

Answer: The contested case hearing will be held on the Island of Hawai‘i.

 

Question: What is the timeline and schedule for the contested case hearing?

Answer: Minute Order No. 1 informing the parties of the selection of a hearing officer for the contested case hearing was issued on March 31, 2016. The parties were directed to submit comments and objections to the selection by April 15, 2016, and petitioners did so.

After the hearing officer process is finalized, it is anticipated that the parties will file motions, briefs, and submit written testimony prior to the commencement of the contested case hearing. The hearing officer will then hear testimony and receive evidence in the contested case. Following this, the parties will have another opportunity to file proposed findings of fact and conclusions of law, and the hearing officer will issue a report and recommended findings of fact, conclusions of law and decision to the BLNR. The parties will have an opportunity to file their exceptions, argue their case before the BLNR, and finally, the BLNR will render its decision.

 

Question: Who sets that schedule?

Answer: The hearing officer will set the schedule for the contested case hearing. After the hearing officer submits a report and recommendations, the BLNR will set deadlines for the filing of exceptions and oral argument.

 

Question: Can the contested case hearing be recorded or video-taped?

Answer: Consideration of requests to record or video-tape the contested case hearing by the media and members of the public is discretionary and will be addressed by the hearing officer.

 

Question: Will there be a transcript of the proceedings of the contested case hearing?

Answer: Yes. The contested case hearing will be transcribed by a court reporter procured by the DLNR.

 

Question: What happens after the contested case hearing is over?

Answer: After the BLNR issues its final decision and order, the parties will again have a right to seek judicial review under HRS § 91-14.