HAWSCT On Sufficiency Of Hawaiian Homes Commission's Legislative Funding: Quality Work, But There's Too Many Notes

Like Amadeus' Emperor Joseph, today's 4-1 ruling from the Hawaii Supreme Court in Nelson v. Hawaiian Homes Comm'n, No. SCAP-16-0000496 (Feb. 9, 2018), pretty much tells the lower courts (and, by extension, the state legislature) that the court thinks the HHC is underfunded and that the Legislature can do a much better job, but the courts aren't going to actually determine how many dollars will count as "sufficient sums" in the agency's budget, other than the bare minimum amounts which the constitution's drafters considered in 1978. But just add a few, "and it'll be perfect." This is Chapter 2 of the story, the first being the 2012 opinion in which the court concluded the issue of whether the HHC is sufficiently funded by the Legislature isn't a "political question" and is subject to judicial scrutiny. See Nelson v. Haw'n Homes Comm'n, 277 P.2d 279 (Haw. 2012).  As the majority opinion in…

Read more detail on Recent Real Estate and Property Law posts –

This entry was posted in Real Estate & Property Law and tagged , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply