2007 Land Use in Review: Venue in Declaratory Actions on Legality of Agency Rules is Jurisdictional

In Hawaii Home Infusion Assoc. v. Befitel, (No. 27256, Apr. 16, 2007), the Hawaii Supreme Court held that the venue provisions in the declaratory judgment section of the Hawaii Administrative Procedures Act, Haw. Rev. Stat. § 91-7, are jurisdictional, and such actions must be brought in the judicial circuit in which the petitioner is domiciled.  Find out why this decision is important in the land use arena by reading this post.