In our May issue, we look closely at two GEMS-related bills that had advanced far in the 2017 legislative session. Both House Bill 1593 and House Bill 957 would make significant changes to... READ MORE
An Unsettled State
The decision of the Legislature – or rather, a handful of legislators – to second-guess settlements arrived at by state attorneys in at least two high-stakes court cases is, well, unsettling.
In the case involving the lawsuit against the Land Use Commission by Bridge `Aina Le`a, the thinking seems to be that the state could have prevailed had it proceeded to litigate the matter.
This year, as in several years since the `Aina Le`a lawsuit was filed, the Legislature had before it a bill to bolster the LUC’s enforcement powers, an action that might forestall or at least discourage similar lawsuits. None has passed.
To throw the problem back to the courts risks a court-imposed judgment that might very well eclipse, many times over, the modest settlement agreement. It won’t be the legislators who voted against this who will have to pay in that event; it will be all of us.