Legal Opinion · Dissent

Ruggles v. Yagong.

Hawaii Supreme Court

Decided June 25, 2015No. SCWC-13-0000117Published

1Dissent

Dissenting Opinion by

POLLACK J.,

in which WILSON, J., joins.

This case concerns judicial review of a county ordinance enacted by Hawaii County *423voters pursuant to the voter initiative process set forth in the Hawaii County Charter. The ordinance expressly provides that if any of its provisions conflict with state law, the conflicting provisions shall be deemed advisory or be severed, preserving the ordinance as an expression of the will of the people. By application of these corrective provisions to resolve any potential conflict, the ordinance is maintained as an expression of the voters’ view…

2Cases cited35 opinions

  1. Citizens United v. Federal Election CommissionSupreme Court of the United States · 2010
  2. Alaska Airlines, Inc. v. BrockSupreme Court of the United States · 1987
  3. Ayotte v. Planned Parenthood of Northern New Eng.Supreme Court of the United States · 2006
  4. Christie v. IopaCourt of Appeals for the Ninth Circuit · 1999
  5. State v. ArceoHawaii Supreme Court · 1996

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