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The Honolulu Advertiser

Posted on: Friday, June 10, 2005

Property tax ruling appealed

Advertiser Staff

LIHU'E, Kaua'i — The Pacific Legal Foundation has appealed to the Hawai'i Supreme Court a Kaua'i judge's ruling that invalidated a 2004 General Election property tax cap that Kaua'i voters approved.

The 'Ohana Amendment to the county charter would have capped the annual increase in resident homeowners' property taxes at 2 percent.

The county took the approval to court, arguing that the state Constitution and the County Charter place tax policy in the hands of the County Council, not the voters. Fifth Circuit Court Judge George Masuoka agreed.

"Do government officials have a monopoly on imposing taxes or have the people reserved to themselves the power to decide how much taxation they are willing to bear?" said Robert Thomas, Pacific Legal Foundation's managing attorney for Hawai'i. The nonprofit foundation handles taxation and property rights issues.