Justice Wilson’s Dissent

In the wake of the supreme court decision on the TMT conservation district use permit last month, many like myself have been reading the opinions of the court. I was pleased to see that the justices were very clear in their views, there is very little room for any future legal steps in this case. This decision sets clear precedents for future land use cases that will certainly occur over the same issues.

Aliʻiōlani Hale
Aliʻiōlani Hale housing the Hawaiʻi Supreme Court. CC Image by D. Logan/Wikimedia Commons
The majority opinion is a systematic refutation of each argument made by telescope opponents. This is particularly true in the numerous trivial matters that opponents attempted to inflate into major issues. Issues like Judge Amanoʻs ʻImiloa membership, or the brevity of some responses to the absolute snowstorm of submissions in the contested case.

In addition to the majority opinion you may read the quite interesting concurring opinion by Justice Pollack. He agrees with the majority on the final result, but promotes using existing frameworks to judge land use cases such as this. It is also interesting the dissenting Justice Wilson joins in this concurring opinion, at least for the first three parts.

The dissent written by Associate Justice Michael Wilson was published almost two weeks later than the majority opinion. The reason for this delay is not given, it is possibly a result of Justice Wilson analyzing the majority opinion and responding to it in his dissent.

As is often the case with decisions like this, it is more interesting to read the dissent than the majority opinion. Any flaws or weaknesses in the case can be examined and can be more informative. This case is an exception to that, the dissent is interesting, if for somewhat different reasons.

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TMT Permit Upheld by State Supreme Court

Mid-morning the awaited news found me… The Hawaii State Supreme Court has upheld the conservation district use permit for the Thirty Meter Telescope on Mauna Kea.

The Thirty Meter Telescope site as seen from the top of Keck 2 dome
The Thirty Meter Telescope site as seen from the top of Keck 2 dome
We had been waiting for this decision for some time. Based on the usual length of time the court takes to decide a case the decision should have appeared well over a month ago.

To no one’s surprise, the court took a little longer with this particular case. A case fraught with many questions that are hotly debated in this state.

The news quickly fueled a firestorm of mainstream media articles across the country and social media postings. The pro-telescope communities I participate in were celebrating. Opponents were decrying the decision with responses that range from disbelief to inflammatory.

Mid-afternoon found me atop the Keck 2 dome to check on some instrumentation. From there I had a perfect vantage point to look down upon the TMT site on the north plateau. I stopped to consider what those few acres of rock below had cost so far in terms of time and passion.

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