The Hawaii Supreme Court has accepted an application for writ of certiorari to review the Intermediate Court of Appeals’ decision in Save Diamond Head Waters LLC v. Hans Hedemann Surf, Inc., No. 27804 (Haw. ICA Dec. 19, 2008).
In that case, the ICA held that Honolulu’s Director of Planning and Permitting has the express power under statelaw and the Department’s rules to issue declaratory rulings. Slip op.at 12-13. The court also held the Director correctly determined the surf school wasa nonconforming use. Finally, the court held the Director has the authority to make thedetermination that if the school’s use of its property exceeded the useassociated with legal nonconforming use status, the Director had theauthority to issue a declaratory ruling telling the school what useswould keep it within nonconforming status.
We summarized the ICA opinion here.