Legal Opinion

Ruggles v. Yagong.

Hawaii Supreme Court

Decided June 25, 2015No. SCWC-13-0000117PublishedCited by 6 opinions

1Opinion of the Court

Opinion of the Court by

McKENNA, J.

I. Introduction

Petitioners, a group of pro se individuals from Hawai'i County, present the following question: “Did the Intermediate Court of Appeals err in determining that the Lowest Law Enforcement Priority of Cannabis, a voter sponsored initiative, in its entirety is in conflict with State laws, and is thus preempted by them?” We answer this question in the negative. Our case law holds that a municipal ordinance may be preempted by state law “if (1) it covers the same subject matter embraced within a comprehensive state statutory scheme disclosing an…

2Cases cited5 opinions

  1. Richardson v. City and County of HonoluluHawaii Supreme Court · 1994
  2. Hawaii Medical Ass'n v. Hawaii Medical Service Ass'nHawaii Supreme Court · 2006
  3. O'CONNELL v. City of StocktonCalifornia Supreme Court · 2007
  4. Amemiya v. SapienzaHawaii Supreme Court · 1981
  5. Ruggles v. YagongHawaii Intermediate Court of Appeals · 2014

3Cited by6 opinions

  1. George Young, Jr. v. State of HawaiiCourt of Appeals for the Ninth Circuit · 2021
  2. Hooker v. Illinois State Board of ElectionsIllinois Supreme Court · 2016
  3. State v. TranHawaii Intermediate Court of Appeals · 2016
  4. Robert Ito Farm, Inc. v. County of MauiDistrict Court, D. Hawaii · 2015
  5. Hawaii Legal Short-Term Rental Alliance v. City and County of HonoluluDistrict Court, D. Hawaii · 2023

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