The Hawaii Supreme Court recently issued an opinion clarifying when a plaintiff may enforce a statute or ordinance by seeking a declaratory judgment. Rees v. Carlisle(No. 26998, Mar. 12, 2007) considered the question of whether the Honolulu City Prosecutor mayuse public funds to advocate passage of an amendment to the HawaiiConstitution.
The case had nothing whatsoever to do with land use. Directly, that is. The lastsection of the opinion (part E) is worth paying attention to for those who practice land use law, however, since it clarifies when a private party has aright to bring a lawsuit seeking a declaratory judgment under Haw. Rev. Stat. § 632-1. Declaratory judgments are often the preferred remedy in land use litigation, and the opinion provides a good roadmap to the issues when that remedy is sought.
Statutes may define legal rights and obligations, but often contain no clear remedial provisions or any indication who may enforce the statute. The question the court analyzed is whether a plaintiff can seek a declaratory judgment that the defendant is violating such a statute. Relying on the language of § 632-1 granting court jurisdiction to make “binding adjudications of right,” the court held that “the declaratory judgment statute thus makes clear there must be some ‘right’ at issue in order for the court to issue relief.” In other words, the plaintiff must be seeking to enforce a “right” created by the statute, which is determined by examining whether the legislature intended to benefit or protect persons such as the plaintiff when it enacted the statute in question.
I will be dealing with the interplay between declaratory judgments, administrative law, and the often grey area between state and county regulatory agencies and the courts in an upcoming seminar in Honolulu, “Practical Guide to Zoning and Land Use Law” (Apr. 5, 2007). I’ll be covering the topic “Appealing an Administrative Zoning Decision,” which will deal with private rights of action, standing, and jurisdictional questions in land use litigation. Full details and registration information here. Hope you can make it.