DeJetley v. Kahoohalahala

Opinion of the Court


Unanimous opinion of the Hawaii Supreme Court in a challenge by voters to the ability of a Maui council member to remain in office.

The Maui Charter's forfeiture provision requires a council member who does not maintain continuous residency in his or her residency area to immediately forfeit office. This provision is self-executing, and may be enforced by declaratory judgment. The trial court's judgment that the forfeiture provision could only be enforced by impeachment or recall is reversed, and the case remanded for further proceedings.

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Reference Info:Decision | State, 9th Circuit, Hawaii | United States

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