Court will hear an appeal over Kaho‘ohalahala

WAILUKU - The Hawaii Supreme Court has agreed to hear an appeal by Lanai residents asking that Council Member Sol Kaho'ohalahala be blocked from serving on the Maui County Council.

The group of 19 Lanai residents argue that Kaho'ohalahala is not a resident of the council's Lanai residency district, a requirement for service on the council. They are asking the court to find that by not being a resident, Kaho'ohalahala has forfeited his position, and that his seat is legally vacant.

Second Circuit Judge Joseph Cardoza in March dismissed the lawsuit, agreeing with Kaho'ohalahala's attorneys that the proper way for citizens to seek the removal of a county elected official they believe should not be in office is through impeachment or recall.

The Supreme Court has not yet scheduled oral arguments for the case. An attorney for the challengers, Robert Thomas, said the group would file a motion asking the court to expedite the case.

In August, the Hawaii Supreme Court heard oral arguments in another case relating to Kaho'ohalahala's residency. Kaho'ohalahala and former Maui County Clerk Roy Hiraga had appealed a decision by the state Board of Registration that found Kaho'ohalahala was a resident of Lahaina - not Lanai, where he is registered to vote. The board's decision overturned Hiraga's earlier ruling that Kaho'ohalahala was a Lanai resident.

The court has not yet released its decision on the appeal by Kaho'ohalahala and Hiraga.