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 …
I promised back in this post to digest the Hawaii Supreme Court’s opinion in Colony Surf, Ltd. v. Director of the Dep’t of Planning and Permitting, No 26037 (Dec. 26, 2007). However, because the opinion is so opaque it is difficult to understand, and the issue so narrow, I never quite got around to…
In Brescia v. North Shore Ohana(No. 27211, July 12, 2007), the Hawaii Supreme Court held that a property owner was not entitled to rely upon a county planning commission’s determination of the location of a shoreline setback when the planning commission retained the authority to give official assurances. The case involved Kauai property within…
Administrative Procedures in Land Use Cases: In Citizens Against Reckless Development v. Zoning Bd. of Appeals of the City and County of Honolulu (No. 27264, May 31, 2007), the Hawaii Supreme Court tackled the issue of when a request for anagency to issue a declaratory ruling under Haw. Rev. Stat. § 91-8can effectively…
In Hawaii Home Infusion Assoc. v. Befitel,(No. 27256, Apr. 16, 2007), the Hawaii Supreme Court held that thevenue provisions in the declaratory judgment section of the HawaiiAdministrative Procedures Act, Haw. Rev. Stat. § 91-7,are jurisdictional, and such actions must be brought in the judicialcircuit in which the petitioner is domiciled. Find out why…
Jesse Souki has some interesting thoughts on the recent Intermediate Court of Appeals decision in E & J Lounge Operating Co. v. City and County of Honolulu, No. 27940 (Dec. 24, 2007), over at his Hawaii Land Use Law blog:
Prior to the instant case, Hawaii courts strained to find a contested case before…
Although the decision is not about land use, the Hawaii Intermediate Court of Appeals’ decision in E & J Lounge Operating Co. v. City and County of Honolulu, No. 27940 (Dec. 24, 2007) is worth a read since it analyzes when an agency is required to hold a “contested case” (an administrative trial) in…
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.
The Hawaii Supreme Court has issued an opinion in Colony Surf, Ltd. v. Director of the Dep’t of Planning and Permitting, No 26037 (Dec. 26, 2007). The case involves the issue of “nonconforming uses.” More to follow after a chance to review.
According to this story in the West Hawaii Times (free registration may be required), the County of Hawaii is considering amending its Charter to form another Planning Commission, and splitting jurisdiction between a Leeward commission and a Windward commission.
No one has challenged the validity under state law of a county having more than a…
