School’s lawyer says
state can’t enforce
zoning laws

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By Rod Thompson
rthompson@starbulletin.com

HILO >> The state cannot close Waters of Life Charter School in Hilo for alleged zoning violations because only counties have control over zoning, an attorney for the school argued yesterday.

If school attorney Ted Hong is right, that would make further hearings unnecessary, Judge Riki May Amano said, implying she would grant an injunction against the state and keep the school open.

Amano gave the two sides until next Wednesday to do further research on the zoning question.

The state Department of Education had filed suit to shut down the 75-student school, saying it's violating zoning codes by holding classes at the Hawaii Naniloa Resort hotel.

Deputy Attorney General Steven Chang, on behalf of the Department of Education, also alleges that the school should be shut down because it has exceeded its budget by more than $170,000.

School Principal Truitt White answers that other charter schools have exceeded their budgets, and the problem arose because the department cut charter school funding after the schools incurred expenses.

But those are questions regarding facts. Amano said that before such questions are dealt with, she wants to deal with the question of law regarding whether the state can enforce county zoning.

The state asserts it has the power, Hong said.

But Hong won't be arguing the point in court. The state must provide a permanent attorney for the school, and Hong is not eligible for consideration. Appointment of a replacement attorney could cause a delay, Hong said.

Until the next hearing, the state has agreed to keep paying the school's teachers, reversing an earlier plan to stop their paychecks.