Hawaii Supreme Court Clarifies When Nonconforming Uses May Be Discontinued and Resumed By Robert H. Thomas on December 28, 2007 Posted in Administrative law, Land use law, Vested rights I’ve finally had a chance to go back and digest Colony Surf, Ltd. v. Director of the Dep’t of Planning and Permitting, No 26037 (Dec. 26, 2007), the case in which the Hawaii Supreme Court held tha.