92-11 Voidability. Any final action taken in violation of sections 92-3 and 92-7 may be voidable upon proof of violation. A suit to void any final action shall be commenced within ninety days of the action. [L 1975, c 166, pt of 1; am L 2005, c 84, 2]

 

Case Notes

 

Respondent Maui county council's first reading of bills did not constitute a "final action" that is subject to invalidation under this section, as a second and final reading was required under the Maui county charter for respondent to carry out its authority on the matter; "final action" in the context of this section means "the final vote required to carry out the board's authority on the matter". 130 H. 228, 307 P.3d 1174 (2013).

Violation not wilful. 4 H. App. 633, 675 P.2d 784.

 

 

Previous Vol02_Ch0046-0115 Next