Hawaii AG Appeals DHHL Case
础听circuit court鈥檚 decision in Nelson v. Hawaiian Homes Commission determined that the state should聽give the Department of聽Hawaiian聽Home Lands聽“sufficient funds.”
Hawaii Attorney General Doug Chin said the state would appeal a ruling regarding funding of the .
Three Native Hawaiian beneficiaries sued the state in 2007, alleging that it had inadequately funded聽DHHL.聽The department is tasked with placing qualified Hawaiians on their own land.
In March, 1st聽Circuit Court Judge Jeannette Castagnetti said that the state had to provide DHHL with “sufficient” money from the state’s general fund, though she acknowledged that the court could not order the Legislature and聽governor to do that.
Still, Gov. David Ige soon聽proposed and the Legislature soon approved聽more money聽for DHHL 鈥 $17.1 million for fiscal year聽2015-2016 and $23.9 million for fiscal year聽2016-2017.
The AG’s office said in a press release Thursday that the legal appeal “does not impact these appropriations and it does not stop DHHL from spending this money.”
But the AG clearly wants another day in court.
“The circuit court decision raised important policy and constitutional issues,” Chin聽said in a statement. “These included questions about separation of powers and questions about what expenses are appropriately included in DHHL鈥檚 administration and operating budget pursuant to the state Constitution.聽Some believe this year鈥檚 appropriation is too much, while others feel it is still not enough.”
Chin concluded: “A decision from the state Supreme Court should help provide more direction in future years, and may avoid more lawsuits down the road.鈥
