Posted on: Tuesday, November 6, 2001

Charter school to stay open till at least Nov. 14

By Hugh Clark
Advertiser Staff Writer

HILO, Hawai'i — The state attorney general's plan to close down a Big Island charter school was at least temporarily blocked yesterday by Judge Riki May Amano, who ordered both sides to do legal research and return for a hearing Nov. 14.

The state has been trying to close the Waters of Life New Century Charter School citing various alleged infractions to state health and safety codes, but the school's lawyer asked for a restraining order halting any closure.

Amano yesterday asked for more research, but also said the "status quo is to be maintained," meaning the school can remain open until at least Nov. 14.

The judge is asking for research on whether the state has the authority to shut down the school based on the alleged infractions, which would be zoning violations. Ted Hong, a former Big Island County civil lawyer who represents the school, argued that zoning is a county issue. State Deputy Attorney General Steven Chang said the state has the authority to enforce the zoning regulations.

But the judge said, "If the state lacks standing (or authority to press its suit), this case is over."

Amano said the Nov. 14 hearing will deal with whether the state has the authority to enforce the zoning rule. The school's temporary quarters is at the Hawaii Naniloa Hotel on Banyan Drive.