Robert Thomas
Robert Thomas

BY ROBERT THOMAS – In a short opinion in Sierra Club v. Castle & Cooke Homes Hawaii, Inc., No. CAAP-11-0000625 (Aug. 24, 2012), the Hawaii Intermediate Court of Appeals held that the Hawaii Senate’s failure to confirm a sitting Land Use Commissioner for a second term did not disqualify him under Haw. Rev. Stat. § 26-34(a):

Kanuha was not disqualified under HRS § 26-34(a) as he had not been a commissioner appointed consecutively to more than two terms as a member of the LUC not had his membership on LUC exceeded eight consecutive years. Not obtaining Senate consent to a second term did not disqualify Kanuha from service as a holdover after the expiration of his first term. This was not a disqualification under the plain language of HRS § 26-34(a). The circuit court erred in holding that Kanuha was not a valid holdover for failure to obtain Senate confirmation for a second term.

Slip op. at 5-6.

A disqualification effort for today that does not involve Lance Armstrong. A six page published opinion from a Hawaii appellate court. Quo warranto fu. Joe Bob says check it out
Sierra Club v. Castle & Cooke Homes Hawaii, Inc., No. CAAP-11-0000625 (Haw. App. Aug. 24, 2012)

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