TMT case heads to court next week
Legal counsel acting on behalf of Thirty Meter Telescope Corp. will head to court at 8 a.m. on Feb. 20.
The move comes after the TMT Corp. requested to file an amicus curiae brief, also known as a friends of the court brief, in the case involving six petitioners opposing the state’s approval process for issuing a permit for the construction of one of the world’s largest telescopes atop Mauna Kea.
Third Circuit Court Judge Greg Nakamura approved the corporation’s request during a January hearing.
An amicus curiae involves an entity that might not have a direct relationship to the lawsuit, and is not listed as a party, but someone who has precedential interest in the outcome.
TMT representatives will have a chance to make oral statements in court next week.
Kealoha Pisciotta, president of Native Hawaiian group Mauna Kea Anaina Hou and one of the six petitioners, said it’s unlikely they’ll get a chance to respond to statements made by TMT Corp. in court, but may submit a written response following the hearing.
The Tribune-Herald previously reported Douglas Ing, who represented TMT Corp. at the January hearing, told Nakamura the corporation decided to take action following a recent ruling by the Supreme Court of Hawaii regarding the issuance of a CD permit for the construction of a telescope on Maui’s Haleakala.
The Supreme Court ruled the Board of Land and Natural Resources should have held a contested case hearing prior to approving a permit.
The petitioners think the merits of their case are similar to those who won in the Supreme Court ruling.
TMT spokesperson Sandra Dawson said the amicus brief was filed, and next Thursday’s hearing will be one of the last steps before Nakamura makes a ruling.
She said TMT supporters are “very positive and optimistic.”
“We think we filed good briefs,” she said. “The briefs by TMT and the briefs by the university are very good.”
Dawson also said TMT representatives and the Mauna Kea Management Board will vote on terms regarding the university’s sublease for the $1.3 billion project.
Both parties are expected to vote on the terms at 9 a.m. Wednesday in the Institute for Astronomy conference room.
The meeting is open to the public.
Next week, the terms of the sublease for the project will go in front of the University of Hawaii Board of Regents for review.
Email Megan Moseley at email@example.com.
Rules for posting comments
Comments posted below are from readers. In no way do they represent the view of Oahu Publishing Inc. or this newspaper. This is a public forum.
Comments may be monitored for inappropriate content but the newspaper is under no obligation to do so. Comment posters are solely responsible under the Communications Decency Act for comments posted on this Web site. Oahu Publishing Inc. is not liable for messages from third parties.
IP and email addresses of persons who post are not treated as confidential records and will be disclosed in response to valid legal process.
Do not post:
- Potentially libelous statements or damaging innuendo.
- Obscene, explicit, or racist language.
- Copyrighted materials of any sort without the express permission of the copyright holder.
- Personal attacks, insults or threats.
- The use of another person's real name to disguise your identity.
- Comments unrelated to the story.
If you believe that a commenter has not followed these guidelines, please click the FLAG icon below the comment.