§37D-10  Litigation; jurisdiction; appeal. The director may petition the circuit court of the first circuit for an opinionas to the validity of any financing or related agreement entered into pursuantto this chapter.  The petition shall constitute a civil proceeding for purposesof section 603‑21.5(a)(3), and the circuit court of the first circuitshall have exclusive and original jurisdiction to receive and determine thequestion presented in the petition, irrespective of an actual controversy ordispute regarding the agreement or its validity.  Any party aggrieved by thedecision of the circuit court may appeal in accordance with part I of chapter 641and the appeal shall be given priority. [L 1996, c 119, pt of §2; ren and am L2001, 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 thischapter 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.  85H. 1, 936 P.2d 637.