I’ve finally had a chance to sit down and read the recent Hawaii Supreme Court opinion in Citizens Against Reckless Development v. Zoning Bd. of Appeals of the City and County of Honolulu (No. 27264, May 31, 2007), a case I posted about here. I won’t detail the complex procedural history of the case
Administrative law
▪ HAWSCT: New Case on Administrative Procedures in Conditional Use Permit Challenges
By Robert H. Thomas on
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 clarified the administrative procedures to be used in third-party challenges to the issuance of a Conditional Use Permit (CUP). I haven’t had a chance to digest the opinion in…
▪ More on Kauai Springs Zoning Permit Injunction
▪ More on Kauai Zoning Permit Case
The Star-Bulletin also reports on the Kauai Springs litigation, a case challenging the Kauai Planning Department’s denial of a request to use land zoned “Agriculture” on grounds wholly outside its authority or jurisdiction:
The lawyer for Kauai Springs, however, said that water is a food like any other agricultural product and that closing down an…
▪ Kauai Zoning Permit Case Reported
Kauai’s newspaper, in a story entitled “Kauai Springs operating for now,” reports on a case:
“We’re in a holding pattern,” said Robert Thomas, an attorney with Damon Key Leong Kupchak Hastert representing Kaua‘i Springs.
In March, Kaua‘i Springs appealed the Planning Commission’s decision to deny its request for a use permit, special permit…
▪ HAWSCT: Venue in Declaratory Actions on Legality of Agency Rules is Jurisdictional
By Robert H. Thomas on
Posted in Administrative law, Land use law
In Hawaii Home Infusion Assoc. v. Befitel, (No. 27256, Apr. 16, 2007), the Hawaii Supreme Court held that the venue provisions in the declaratory judgment section of the Hawaii Administrative Procedures Act, Haw. Rev. Stat. § 91-7, are jurisdictional, and such actions must be brought in the judicial circuit in which the petitioner…
▪ Declaratory Judgments, Private Rights of Action, and Land Use Litigation
By Robert H. Thomas on
Posted in Administrative law, Land use law
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…
▪ 2006 Land Use in Review: Contesting Contested Cases
By Robert H. Thomas on
I commented upon the decision in Hui Kakoo Aina Hoopulapula v. Bd. of Land and Nat. Res.,112 Haw. 28, 143 P.3d 1230 (Sep. 21, 2006) earlier in this post.
This opinion, detailing when and how a contested case may be demanded, should be read together with Aha Hui Malama O Kaniakapupu v. Land …
▪ 2006 Land Use in Review: What is a Contested Case
By Robert H. Thomas on
Posted in Administrative law, Land use law
In Aha Hui Malama O Kaniakapupu v. Land Use Comm’n, 111 Haw. 14, 139 P.3d 712 (July 24, 2006), the court set forth the standard for when an agency hearing is a “contested case” under the Hawaii Administrative Procedures Act (HAPA). The definition is critical because unless a contested case has been conducted by…
▪ 2006 Land Use in Review: No Leg to Stand On
By Robert H. Thomas on
In Keahole Defense Coalition, Inc. v. Bd. of Land and Nat. Res., 110 Haw. 419, 134 P.3d 585 (May 18, 2006), the Hawaii Supreme Court elaborated on the issue of when a party has “property” within the meaning of the due process clause of the Hawaii Constitution.
The twisted procedural history of the case…