*Translated by Google translate

Introduction

To the west of Tanegashima, across the sea about 12 kilometers away, lies an island called Mageshima.

With an area of 8.2 square kilometers, the island was once home to deep forests and vast grasslands, teeming with life, including the Mageshika deer. The surrounding seas were teeming with fish such as Nagara, Kibinago, flying fish, and Asahi crabs, and the island was known as the "Island of Treasures," cherished by the people of Tanegashima.

However, that island is now being transformed into a massive military base intended for joint use by the Japan Self-Defense Forces and the U.S. military. In the name of national policy, forests are being cleared, the sea is becoming polluted, the island's endemic species are being pushed to the brink of extinction, and the livelihoods of fishermen are being taken away.

Despite repeated protests from citizens, their voices went unheard, and the mayor of Nishinoomote took three actions that were prerequisites for the base construction. He sold two city-owned properties to the national government: 1. the former site of Mageshima Elementary and Junior High School and 2. land designated for Self-Defense Forces barracks, and 3. abolished three city roads on the island. These were all the last bastions for citizens who opposed the base construction.

This lawsuit seeks to compel the mayor of Nishinoomote to pay damages for these three actions, and to have the dispositions declared invalid or revoked.

1. Sales contract for the former site of Mageshima Elementary and Junior High School
2. Purchase and sale contract for land for Self-Defense Forces barracks
3. Demolition of three municipal roads on Mageshima Island

Not as a military base island, but as an island of life and peace—to hand over Mageshima to future generations.

Please lend your support to this appeal.

▲View of the air above Mageshima Island where construction is underway.

Background

Once, more than a hundred families lived peacefully on the island. However, around 1980, a wave of resort development swept in. Land acquisition progressed, and people disappeared from the island. From around 2000 to 2011, uncontrolled development was forced through for quarrying and runway construction, without regard for the destruction of nature. Forests were cut down, the number of Mageshima deer was halved, and coral and fish disappeared. Nevertheless, over many years, the sea was slowly coming back to life.

However, around 2007, a large shadow fell over the island once again. A plan to relocate the U.S. Navy's aircraft carrier landing and takeoff training facility emerged. In 2019, the government purchased most of the island for 16 billion yen, and in 2023, construction of the base began simultaneously with the announcement of the environmental assessment ( a procedure for assessing the impact on the surrounding natural environment and living environment ) .

▲Construction work on the base is underway.

Nishinoomote City Mayor Shunsuke Yaita has consistently opposed the Mageshima base plan, vowing to protect the island's tranquil natural environment. He was re-elected by a narrow margin in the January 2022 mayoral election on an anti-base platform, and at a residents' briefing in August 2022, he clearly stated regarding the former Mageshima Elementary and Junior High School site, "We are not considering selling it."

However, less than two weeks later, on September 2nd, the mayor of Nishinoomote City did not explicitly state his stance on the base plan in his policy speech to the city council. On the other hand, he did say that "if the Ministry of Defense takes administrative action, we will respond appropriately."

Just three days later, discussions were held between the Ministry of Defense and the city, and four days after that, a bill was hastily submitted to the city council to allow for the sale of (1) the former site of Mageshima Elementary and Junior High School, (2) the site of Self-Defense Forces barracks, and (3) the abolition of three city roads on the island. These rapid and consecutive developments made it seem as if the change in policy had been decided in advance.

On September 30, the parliament had an equal number of votes for and against the bill, but the difference was only one vote because one of the opponents was the speaker, who did not have voting rights.

This sudden turn of events occurred while many citizens were still resonating with Mr. Yaita's campaign words that "the losses outweigh the gains" from the base construction.

Meanwhile, the Ministry of Defense proceeded with the process of disbursing the U.S. military realignment grant to the city without waiting for a vote.

Approximately 400 residents of Nishinoomote City filed multiple resident audit requests before and after the resolution, arguing that actions ① to ③ constituted illegal or improper management and disposal of city-owned property and seeking to halt them, but they were unable to stop them. The third resident audit request was rejected in July 2023.

In October of the same year, 134 residents of Nishinoomote City, including the plaintiffs, filed another request for a resident audit. However, in November of the same year, the Nishinoomote City Audit Committee dismissed the request without providing any specific reasons.

▲Date-based reporting meeting

Things that are being contested in court

There are four main issues at stake in this trial.

1. Road law violation

Regarding the three city roads on Mageshima Island, the Nishinoomote City meeting stated that "it is difficult to manage them as city roads." However, Nishinoomote City has simply neglected its management, failing to assert its right of passage, even though it was rejected by developers and the national government. Furthermore, there has been no discussion whatsoever regarding the Mageshima Island utilization plan created by the city itself. In addition, there is still privately owned land and common land remaining on Mageshima Island. Therefore, the requirements for abolishing city roads under the Road Act are not met, and the order to abolish the city roads is illegal.

2. Abuse or exceeding of discretionary power

In light of the intent behind the provisions of the Constitution, the Local Autonomy Act, and the Local Finance Act, there are court precedents that, from the standpoint of achieving administrative objectives, if a contract is deemed to have exceeded or abused the scope of discretionary power and to be unnecessary for the local government, taking into account the purpose, nature, content of the services provided, and the circumstances leading to its conclusion, then it will be deemed illegal.

The actions taken in this case, given the extreme lack of explanation and discussion regarding these factors, constitute an abuse and exceeding of discretionary power and are therefore illegal.

3. Unfair pricing

The sale price of the city-owned land was not compared to the transaction history of surrounding land, and despite not being a fair price, it was illegal because it lacked the necessary resolution from the assembly required under the Local Autonomy Act.

4. Optional contract

The sale of the city-owned land was conducted through a negotiated contract rather than competitive bidding, but this is illegal because it does not fall under any of the exceptions stipulated by law.

Social Significance

The issue surrounding the construction of the base on Mageshima Island is not merely a local issue.
This is a problem for all of us, one that questions the very nature of democracy in Japan, the autonomy of local governments, and the very foundations of pacifism.

First and foremost, the lack of democratic debate is a serious issue.
The mayor initially stated that he would not sell the land, but changed his stance after strong pressure from the Ministry of Defense.

Furthermore, the city council passed the resolution without providing any satisfactory explanation or engaging in any discussion with the citizens regarding why this policy change occurred. The audit request submitted by residents was also formally rejected, and the administration has shown no willingness to address the residents' questions and concerns.

As national policies take precedence, local governments neglect dialogue with their residents.

This is nothing less than a lack of "deliberation," which is the foundation of democracy.

Next, this problem has serious consequences, including the destruction of the environment and people's lives.
The forests of Mageshima Island have been extensively cleared due to construction work, and the habitat of the Mageshima deer, which has been a symbol of the island, has also been lost.
The sea is becoming increasingly murky, forcing some people to relinquish their fishing rights.

If, in the name of "national defense," local nature and livelihoods are not protected, then for whose security is it?

The very foundation of that issue is being questioned.

Furthermore, the problems on Mageshima Island are problems that could occur in other regions as well.
Currently, the Southwest Islands are rapidly being militarized under a policy known as the "Southwest Shift."
The national government sets the policies, local governments follow suit, and the voices of the residents are left behind.
This kind of pattern isn't unique to Mage Island.
In Okinawa, Amami, Goto, Yonaguni, and other areas, the tendency for "national policies" to take precedence over local living conditions and the environment is becoming increasingly strong.

Mageshima Island is a symbol of that very thing.
That's why this lawsuit is not just a "local dispute."

Residents have raised objections to the administration's lack of explanation and its heavy-handed approach.
This is an effort to restore democracy and local autonomy.

At the same time, this trial confronts the security dilemma that "rather than being protected, the country will become a target of attack if military bases are built," and asks how to put the pacifism enshrined in Article 9 of the Constitution into practice in reality.

Our support for this lawsuit and our voices are

"The future of the community you live in is decided by the residents themselves."
"The right to live in peace should be equally protected for everyone."

—This will help protect that kind of normal future.

The problem on Mageshima Island is a problem for all of us.
Please lend us your support through this trial in order to restore the foundations of democracy and peace.

How the funds will be used

- Cost of preparing an appraisal report by a real estate appraiser (The target of 3 million yen is based on this estimate. We plan to request this from a real estate appraiser representing the residents in the Tokyo Olympic Village Residents' Lawsuit and the Henoko Base Lawsuit.)
- Expenses for the legal team's activities (including costs for holding related events to raise awareness of this case)
- Litigation fees (stamp duty, postage, printing costs, etc.)
- Attorney fees, travel expenses for the plaintiff and legal team, and other expenses necessary for carrying out this case.

Plaintiff's thoughts

Plaintiff leader Kahori Wada (Nishinoomote city council member)

Plaintiff: Sumio Hamada (fisherman)

Message from the legal team

On Mageshima Island, base construction is proceeding without sufficient explanation or discussion with the residents.

The island, once covered in abundant nature, has now been drastically altered by large-scale development, and the anxieties and voices of the island's residents remain unheard by the government and the national authorities.

This trial is not just an issue concerning one island.

Information disclosure and accountability, local autonomy, and pacifism—

The very foundation of democracy that we are supposed to protect is being called into question.

In order to hand over Mageshima Island to future generations as an "island of peace",
And in order to bring the voices of the residents to the judicial system,
We would greatly appreciate your support.

Introduction of the legal team

Attorney Hiroshi Masuda (Kagoshima Joint Law Office, Head of Legal Team)
Attorney Kazuya Tsukamoto (Administrative Director, Shibuya Law Office)
Attorney Masami Mori (Mori Law Office)
Attorney Kyohei Hozawa (Hozawa Law Office)
Attorney Takeomi Izumi (Kagoshima General Law Office)
Lawyer Fumiki Hosoya (Hosoya Law Office)
Attorney Masahiro Maeda (Yoshida Minoru Law Office)
Attorney Hiroshi Dozono (Kagoshima Chuo Law Office)
Lawyer Koji Murayama (Kagoshima Kusunoki Law Office)
Attorney Junpei Oi (Yoyogi General Law Office)
Attorney Haruka Murase (Tokyo Joint Law Office)
Attorney Risako Mishina (Yoyogi General Law Office)
Lawyer So Kawaguchi (Nagoya First Law Office)

In conclusion

Please, listen to the voice of this small island.
Your support will help restore the destroyed natural environment and the peace that has been stolen.
Let us work together to pass on Mageshima Island to future generations as an "island of peace."

See below for the latest aerial footage of Mageshima Island:
Images of the island taken from a helicopter : https://373news.com/news/local/detail/yahoo/227039 Minami-Nippon Shimbun (2026/01/11)
Drone footage of the island : https://www.youtube.com/watch?v=8IDaNl9Le40 Kyodo News (2026/01/11)

Furthermore, a group called the "Association to Support the Lawsuit Against the Mageshima Air Base" has been formed, primarily by peace organizations within Kagoshima Prefecture.
In addition to this lawsuit, they have also supported our lawsuit to stop fishermen and related activities.

For more details, please visit the following website.
https://observant-mageshienkai.wordpress.com