Oral Argument Recording In HAWICA Case: Can Complainer Avoid The Administrative Process By An Original Jurisdiction Lawsuit?

As we noted in this post, last week the Hawaii Intermediate Court of Appeals heard arguments in Pavsek v. Sandvold, No. 29179. In that case, the court is considering whether a complainer can circumvent the City's enforcement procedures and the administrative appeal process by instituting an original jurisdiction lawsuit claiming that a homeowner is renting her property in violation of the City's prohibition on rentals of less than thirty days.

We didn't live blog the argument or analyze the issues because our firm represents one of the appellees (my Damon Key partner Gregory Kugle argued the case).

Here's the streaming audio:  

ICAOA_011211_29179

Or you can download it here (caution, it's a 85mb mp3).

Well worth a listen.