Wednesday, July 16, 2008

Fwd: [] Superferry legal update

---------- Forwarded message ----------
From: John Tyler <>
Date: Wed, Jul 16, 2008 at 11:25 AM
Subject: [] Superferry legal update



POSTED: 11 JULY 2008 - 7:00am EST

Superferry legal update

image above: poster of routes for Superferry posted on dated 6/12/08

by Richard Hoeppner on 9 July 2008

After the heart attack in May, along with the triple by-pass open heart surgery, the healing has been incredible, and I am just about back to a normal routine.

Legal developments are looking very positive. Dan Hempey has filed a brief that is brilliantly written to the Hawaii Supreme Court on Judge Valenciano's decision denying an injunction in our local court. Isaac Hall has filed his brief with the Hawaii Supreme Court on the Maui case that Judge Cardoza ruled superferry(sf) could not operate until an EIS was completed. That of course was overturned with Lingle's special session of the Legislature that resulted in Act II which exempted sf from Hawaii Environmental Protection Act(HEPA).

Hall's brief was spectacular in it's argument that Cardoza's decision could not be overturned by a legislative body, and that Act II itself violated both the Hawaii Constitution and the US Constitution.

Dan and Isaac have communicated and are working in concert on the two similar cases. Dan has filed an emergency appeal requesting the Supreme Court take the Kauai case directly, bypassing the appeal courts. Isaac has filed something similar requesting expedited service because Cardoza stated in his decision that there was a high probability that irreparable damage could result in sf operation without an EIS.

I have read both briefs and we are totally confident that the Hawaii Supreme Court will require sf to suspend operations until an independent EIS is completed. Our biggest problem on Kauai is budget. People for the Preservation of Kauai(PPK) has dissolved it's partnership with 1000 Friends of Kauai because it restricted PPK's ability to actively campaign against issues or persons going before the voters.
We therefore no longer have 501c3 status and donations are not tax deductible.

This primarily affected large contributions, but we are actively seeking smaller contributions to supplement our legal fund. We have won many battles but the war is not over. Please donate whatever you can without claiming the IRS exemption, to keep the legal battle afloat, to insure that sf will not be afloat to Kauai.

Checks can be made out to: People for the Preservation of Kauai, and mailed to PPK treasurer: Judie Lundborg, 4865G Nonou Rd., Kapaa, HI, 96746.

John Tyler
Kaua'i, Hawai'i

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