§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.