Monday, December 15, 2008

Recap and Briefs of upcoming State Supreme Court Case by

Atty. Robert H. Thomas has a good recap today of the State Supreme Court case and hopes to be live blogging it on Thursday. Briefly from

"Hawaii Superferry Supreme Court Briefs"

"The case that would not go away, the 'Hawaii Superferry' litigation, is back in the Hawaii Supreme Court this week, with oral arguments scheduled for 9 a.m. on Thursday, December 18, 2008. I'll be attending the oral arguments, and technology and typing skills permitting, live blogging it.

The key briefs of the parties are posted below:

Sierra Club, et al.'s Opening Brief

State of Hawaii Dep't of Transportation Answering Brief

(Hawaii Superferry filed an Answering Brief, which "incorporates by reference the arguments set forth in the State's Answering Brief, filed August 18, 2008.")

The Court's web site describes the issues in the appeals:

'A prior review by this court in Sierra Club v. Department of Transportation of the State of Hawaiʻi (Sierra Club I), 115 Hawai`i 299, 167 P.3d 292 (2007) [for that opinion, and the briefs in that phase, go here]...'"

My understanding, Robert, is that they each have only 30 minutes to orally restate their cases and that the proceedings on Thursday will be short. Not sure it will be too conducive to live blogging. The decision may be as early as Thursday or Friday.

Aloha, Brad

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