Stop Rail Now Gets Another Day in Court

Intermediate Court of Appeals to Hear Arguments in Rail Ballot Case

Press Release: In a surprise move, the Hawaii Intermediate Court of Appeals has agreed to hear oral arguments in Stop Rail Now’s case against the Honolulu City Clerk in the matter of the number of signatures required to place an ordinance question on the ballot.

The hearing will be held this Monday, September 22, at 10:00 AM on the second floor of the Supreme Court Building, behind the King Kamehameha statue, and is open to the public.

At issue is whether the Charter requires ten percent of the registered voters as the City Clerk contends or ten percent of those who voted in the last mayoral election, as Stop Rail Now contends.

Earle A. Partington, Stop Rail Now’s attorney, believes that the quick response by the appeals court to the appeal shows that the judges believe that the case has sufficient merit to be taken seriously.

The Hawaii State Intermediate Court of Appeals (ICA) is the second highest court of the Hawaii State Judiciary and shares jurisdiction over appeals from lower courts with the Hawaii State Supreme Court. While the supreme court reviews cases over the formulation of law, the ICA reviews cases for errors.

PHOTO CAPITON: Attorney for Stop Rail Now, Earle Partington refiled an appeal on Monday, September 15 to the Hawaii State Supreme Court in order to get the rail question on the ballot.

"This is all tied up on the transit authority, a steel on steel rail," said Stop Rail Now's attorney Earle Partington. "We are just asking for a straight up or down vote on rail. What the city council passed is nothing close to that."

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