State Supreme Court Hears Constitutionality of Act 2

You can view the briefs here. And a summary here

You can read along with live blogging from the Court starting 8:45am Thursday Dec 18 here.

The State Auditor released the second part of her report and it it says:
"Because Hawai'i Superferry Inc. is the only ferry vessel company able to take advantage of the small window of time created by Act 2, it appears that the legislation was designed to benefit a single operator."

The State Auditor's report is available here.

Derrick DePledge of the Honolulu Advertiser adds his always incisive commentary here. Star Bulletin here. Even the rabidly Republican, Lingle-fauning Maui News had to report this damning audit

Sample of State Attorney Dodging the Justice's questions blogged by Robert H. Thomas at www.inversecondemnation.com:

9:34: Nakayama: how many businesses does Act 2 aplly two ..how many businesses fit the description?

9:34 DOT: nothing in record to show that
9:35 Acoba: Act 2 says "large cap ferry vessel company, etc..."

9:35 Is there any entity that fits that descript other than HSF?
9:35 DOT: on this record, no.
Acoba: I am asking YOU.
9:35 DOT: not a factual distinction.
9:36 acoba: my question was whether any other entity that fits description.
9:36 acoba: any other ferry that uses Kahului harbor now?
9:36 Acoba: state only has agreement with HSF for use of K Harbor, right? No other entites or contracts?
9:37 DOT: Act 2 contemplates use of K harbor by others.
Acoba: before it sunsets?
9:37 Acoba: you mean that other ferry companies may use K Harbor and sign agreements with State before Act 2 sunsets?

Hear the entire session on mp3

Check the Court Website to watch for the opinion