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The Honolulu Advertiser
Posted on: Thursday, February 17, 2005

Kaua'i judge invalidates property tax amendment

Advertiser Staff

LIHU'E, Kaua'i — Fifth Circuit Court Judge George Masuoka yesterday invalidated a 2004 charter amendment that would have capped increases in the property taxes of resident homeowners.

The county administration went to court the week before the election, challenging the measure on the grounds that the intent of the state constitution, state law and the Kaua'i County Charter is that tax policy remain in the hands of the County Council. The amendment was approved by voters by a significant majority.

Attorney Harold Bronstein, representing the group 'Ohana Kaua'i, argued in Masuoka's court Jan. 27 that decisions on simple taxation issues are within the powers of the electorate.

The 'Ohana Amendment would have rolled back tax bills to 1998-99 levels and capped any annual increases at a designated rate of inflation.