§37D-10  Litigation; jurisdiction; appeal.  The director may petition the circuit court of the first circuit for an opinion as to the validity of any financing or related agreement entered into pursuant to this chapter.  The petition shall constitute a civil proceeding for purposes of section 603‑21.5(a)(3), and the circuit court of the first circuit shall have exclusive and original jurisdiction to receive and determine the question presented in the petition, irrespective of an actual controversy or dispute regarding the agreement or its validity.  Any party aggrieved by the decision of the circuit court may appeal in accordance with part I of chapter 641 and the appeal shall be given priority. [L 1996, c 119, pt of §2; ren and am L 2001, c 200, pt of §3 and am c 251, §1; ree L 2007, c 126, pt of §1]


Case Notes


  Financing agreements entered into in accordance with this chapter are not bonds as that term is used in article VII, §12 of Hawaii constitution and thus do not count toward the debt ceiling of article VII, §13.  85 H. 1, 936 P.2d 637.



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