Gov. Linda Lingle will ask the state Supreme Court to reconsider a decision that led to the shutdown of Hawaii Superferry, because the ruling could threaten other laws aimed at assisting particular groups.
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"The decision, we feel, was too broad," Lingle said. "It basically concluded that the Legislature can never do anything that favors one group over another. But that's what they do every day."
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"The decision, we believe, infringes upon our rights to pass legislation," [State Senate President Colleen] Hanabusa said.
Under Hawaii Rules of Appellate Procedure, Rule 40, Motion for Reconsideration, a party can file a motion for reconsideration stating the points of law or fact that the party contends the court has overlooked or misapprehended, together with a brief argument on the points raised.
The court has 10 days to either grant or deny the motion, and failure on the court’s part to respond one way or the other is deemed a denial of the motion.
2 comments:
"The court has 10 days to either grant or deny the motion, and failure on the court’s part to respond one way or the other is deemed a denial of the motion."
They shouldn't even respond to this last ditch desperate political maneuver. Will find it amusing when day 10 passes and there has been no response.
OMG, I don't even remember posting the prior comment. Even with the extention to 5/15/09, it is starting to look like the denial by no action might just happen as Doug @ Poinography wrote about on May 10th and apparently Mark Bennett commented on May 11th. So we got 3 days left for the no action denial. That'll be grounds for another party.
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