The Garden Island reports that a property owner’s appeal of the County of Kauai’s approval of its permits with allegedly illegal conditions is going forward after the County withdrew its motion to dismiss.
The County Attorney’s Office filed for themotion to dismiss based on the Planning Commission failing to issue a“written decision and order containing findings of fact and conclusionsof law,” which it claims is the only decision the court can review.Without it, there is no subject matter to base a case.
ThePlanning Commission has this on its Feb. 12 agenda, which, if approved,would apparently ratify the commission’s Dec. 11 approval ofCreeksides’ permit applications.
Full report here.