Justia Hawaii Supreme Court Opinion Summaries

Brothers Albert Ian Schweitzer and Shawn Schweitzer sought compensation for wrongful imprisonment under Hawai‘i Revised Statutes (HRS) Chapter 661B, which requires proving "actual innocence." They requested investigative materials from the Hawai‘i County Police Department (HPD) and the County of Hawai‘i Office of the Prosecuting Attorney (CHOPA) to support their claim. HPD and CHOPA refused, citing an ongoing investigation.In 2023, Ian Schweitzer filed a Hawai‘i Rules of Penal Procedure (HRPP) Rule 40 petition to vacate his conviction based on new DNA evidence pointing to another individual. The Circuit Court of the Third Circuit granted the petition, vacating Ian's conviction. Shawn Schweitzer subsequently moved to withdraw his guilty plea, which the court also granted. Both brothers then sought monetary compensation under HRS Chapter 661B, but the Attorney General stated that a finding of "actual innocence" was required.The Schweitzers filed a "Joint Petition for Relief Pursuant to HRS Chapter 661B" in their criminal proceedings, seeking a finding of actual innocence. The Circuit Court instructed them to file a motion to compel HPD to produce the investigative materials. The court granted the motion and directed the Schweitzers to prepare a subpoena. HPD filed a motion to quash the subpoena, which the court denied, leading HPD to file a writ of mandamus with the Supreme Court of Hawai‘i.The Supreme Court of Hawai‘i held that the Circuit Court had no discretion to act on the civil claims in the post-conviction proceeding and should have transferred the claims to a new civil case under HRPP Rule 40(c)(3). The court ordered the Circuit Court to quash the subpoena and transfer the Schweitzers' joint petition to a new civil proceeding, following the procedures prescribed by HRCP Rule 26 and HRS § 661B-2. The court clarified that Brady and UIPA do not apply to civil discovery and that there is no qualified law enforcement investigatory privilege in Hawai‘i. View "Hawai'i Police Department v. Kubota" on Justia Law

Hawaiian Airlines entered into a contract with Boeing, agreeing to indemnify Boeing for any taxes incurred on maintenance supply parts sold to Hawaiian. Boeing did not remit general excise taxes (GET) on these sales, claiming an exemption under Hawai'i Revised Statutes (HRS) § 237-24.9. The Hawai'i Department of Taxation audited Boeing for tax years 2013-2018 and proposed disallowing the exemption. Boeing received a Notice of Proposed Assessment (NOPA) in May 2021, and Hawaiian paid $1,624,482.75 under protest, then filed a lawsuit seeking a declaration that GET was not owed and a refund of its payment.The Tax Appeal Court dismissed the lawsuit, ruling it lacked jurisdiction because there was no "final agency decision" or "actual dispute" at the time of Hawaiian's payment. The court found that the inter-office memorandum, email, and closing letter from the Department did not constitute formal administrative decisions. The Intermediate Court of Appeals (ICA) affirmed the dismissal, citing the need for a formal administrative decision to create an actual dispute under HRS § 40-35.The Supreme Court of Hawai'i reviewed the case and held that a NOPA qualifies as a "formal administrative decision" sufficient to create an actual dispute for HRS § 40-35 jurisdiction purposes. The court found that the NOPA contained a demand and determination of tax liability, thus meeting the requirements set forth in Grace Business Development Corp. v. Kamikawa. The court vacated the tax court's dismissal and the ICA's judgment, remanding the case for further proceedings consistent with its opinion. View "Tax Appeal of Hawaiian Airlines, Inc. v. Department of Taxation" on Justia Law

The City and County of Honolulu and the County of Maui sued several fossil fuel companies, including Aloha Petroleum, Ltd., for climate change-related harms. Aloha sought a defense in these suits from two insurance companies, National Union Fire Insurance Company of Pittsburgh, PA, and American Home Assurance Company, both subsidiaries of American Insurance Group (AIG). The insurance companies had issued several commercial general liability (CGL) insurance policies to Aloha’s parent company. The case revolves around whether these policies obligate AIG to defend Aloha in the counties’ lawsuits.The United States District Court for the District of Hawai‘i reviewed the case and certified two questions to the Supreme Court of the State of Hawai‘i. The first question asked whether an “accident” includes an insured’s reckless conduct. The second question asked whether greenhouse gases (GHGs) are “pollutants” as defined in the policies’ pollution exclusions. The District Court noted that the counties’ lawsuits allege Aloha acted recklessly by emitting GHGs and misleading the public about the dangers of these emissions.The Supreme Court of the State of Hawai‘i answered both certified questions. The court held that an “accident” includes reckless conduct, aligning with its precedent in Tri-S Corp. v. Western World Ins. Co., which held that recklessness may be an “occurrence.” The court clarified that an “accident” includes conduct where harm was not intended or practically certain. The court also held that GHGs are “pollutants” under the insurance policies’ pollution exclusion clause, as they are “gaseous” “contaminants” that cause “property damage” when released into the atmosphere. The court concluded that the pollution exclusion bars coverage for emitting or misleading the public about emitting GHGs. View "Aloha Petroleum, LTD. v. National Union Fire Insurance Company of Pittsburgh, PA." on Justia Law

In 1991, an individual was convicted of multiple felonies related to a home invasion and rape, receiving a thirty-five-year prison sentence. In 2011, the conviction was vacated based on newly discovered DNA evidence that excluded the individual as the contributor of DNA found at the crime scene. The prosecution subsequently moved to dismiss the case with prejudice, which the court granted. In 2016, the individual filed a civil petition for compensation under Hawai‘i’s wrongful conviction compensation statute, HRS chapter 661B.The Circuit Court of the Second Circuit held that the individual failed to allege an actionable claim because the order vacating the conviction did not explicitly state that he was “actually innocent.” The court granted summary judgment in favor of the State, concluding that the individual did not meet the statutory requirements for compensation.The Supreme Court of the State of Hawai‘i reviewed the case. It held that HRS § 661B-1 does not require the exact words “actually innocent” to be present in the vacatur order. Instead, the order must state facts supporting the petitioner’s actual innocence. The court found that the vacatur order, which was based on exculpatory DNA evidence, met this standard. Therefore, the individual presented an actionable claim for relief under HRS chapter 661B.The Supreme Court vacated the Circuit Court’s grant of summary judgment to the State and remanded the case for a trial to determine whether the individual is actually innocent and entitled to compensation under the statute. The court emphasized that the trial should follow the procedures outlined in HRS § 661B-2 and HRS § 661B-3. View "Jardine v. State" on Justia Law

The case involves a dispute over the use of farm dwellings in the agricultural district of Hawai‘i for short-term vacation rentals. In 2019, the County of Hawai‘i passed an ordinance banning short-term vacation rentals on lots built after 1976 in the agricultural district. The Rosehill Petitioners, who own lots created after 1976, sought nonconforming use certificates to use their farm dwellings as short-term vacation rentals, which the County denied. The Petitioners appealed the denial to the County Board of Appeals, and both parties agreed to stay the appeal and seek a declaratory order from the Land Use Commission (LUC).The LUC ruled that farm dwellings could not be used as short-term vacation rentals, finding that such use was incompatible with the agricultural district's purpose. The LUC also found the Rosehill Petitioners' request speculative and hypothetical. The Petitioners appealed to the Circuit Court of the Third Circuit, which reversed the LUC's decision, holding that farm dwellings and short-term vacation rentals were not incompatible and that the LUC had abused its discretion.The LUC appealed to the Intermediate Court of Appeals (ICA), arguing that the circuit court erred in its findings and that the LUC's interpretation of HRS § 205-4.5 was correct. While the case was pending, the Hawai‘i Supreme Court issued a decision in In re Kanahele, which clarified that appeals from LUC declaratory orders should be made directly to the Supreme Court. The Rosehill Petitioners then applied for transfer to the Supreme Court, which was granted.The Supreme Court of Hawai‘i held that the case could be transferred nunc pro tunc to the date the appeal was initially filed in the circuit court. The Court reviewed the entire record, including the circuit court and ICA proceedings, but gave no weight to the circuit court's findings. The Court affirmed the LUC's decision, holding that farm dwellings in the agricultural district could not be used as short-term vacation rentals, as such use would undermine the purpose of the agricultural district. The Court vacated the circuit court's judgment and affirmed the LUC's declaratory order. View "Rosehill v. State" on Justia Law

In this case, the defendant was involved in an altercation in Waikiki that resulted in the death of another individual. The defendant, who claimed to have poor vision, was called to the scene by a friend who was being harassed by two men. The situation escalated into a physical fight, during which the defendant stabbed one of the men, who later died from his injuries. The defendant was convicted of second-degree murder by a jury.The Circuit Court of the First Circuit convicted the defendant of second-degree murder and sentenced him to life imprisonment with the possibility of parole. The defendant appealed to the Intermediate Court of Appeals (ICA), arguing prosecutorial misconduct and instructional errors. The ICA affirmed the conviction, concluding that the prosecutorial misconduct was harmless beyond a reasonable doubt and that the jury instructions were appropriate.The Supreme Court of the State of Hawai'i reviewed the case on certiorari. The court found that the Deputy Prosecuting Attorney (DPA) committed prosecutorial misconduct by characterizing the defendant as a liar and an "enforcer" during closing arguments, which denied the defendant a fair trial. The court also noted that the DPA improperly inserted personal opinions and new evidence regarding the defendant's eyesight. The court held that this misconduct was not harmless beyond a reasonable doubt and vacated the ICA's judgment, as well as the Circuit Court's judgment of conviction and sentence. The case was remanded to the Circuit Court for further proceedings consistent with the opinion. View "State v. Cardona" on Justia Law

Thomas Schmidt filed a lawsuit against his former attorney, Gary Dubin, and Dubin Law Offices, alleging that Dubin breached contractual and other duties in representing Schmidt in a separate lawsuit and improperly retained a $100,000 retainer. The Circuit Court of the First Circuit granted partial summary judgment in favor of Dubin, ruling that Schmidt's claims were time-barred and awarded Dubin attorneys' fees and costs as the prevailing party. Schmidt appealed the decision.The Intermediate Court of Appeals (ICA) reviewed the case and found that the Circuit Court erred in granting summary judgment on Schmidt's breach of contract claims, as there were genuine issues of material fact regarding when the cause of action accrued. The ICA vacated the Circuit Court's judgment on these claims but affirmed the judgment in all other respects, including the award of attorneys' fees and costs to Dubin. Schmidt filed a motion for reconsideration, arguing that the ICA should also vacate the award of attorneys' fees and costs, which the ICA denied.The Supreme Court of the State of Hawai‘i reviewed the case and held that the ICA erred in affirming the Circuit Court's judgment for attorneys' fees and costs after vacating the summary judgment on Schmidt's breach of contract claims. The Supreme Court vacated the ICA's judgment to the extent it affirmed the award of attorneys' fees and costs and remanded the case to the Circuit Court for further proceedings consistent with its opinion. The Supreme Court emphasized that when a judgment upon which attorneys' fees and costs were based is vacated, the related fees and costs should also be vacated. View "Schmidt v. Dubin" on Justia Law

The case involves Isabelo and Michele Domingo, who defaulted on a mortgage refinance loan for their property in Kailua-Kona. Wilmington Savings Fund Society, FSB, filed a foreclosure complaint, and the Circuit Court of the Third Circuit for the State of Hawai'i issued a foreclosure judgment, ordering the property to be sold at public auction. The Domingos appealed, and the Intermediate Court of Appeals (ICA) granted a stay conditioned on a $300,000 supersedeas bond, which the Domingos did not post. Wilmington purchased the property at auction and later sold it to BBNY REO LLC. The Domingos filed a separate wrongful foreclosure lawsuit in the Circuit Court of the First Circuit and recorded a lis pendens.The ICA dismissed the Domingos' appeals as moot because BBNY was deemed a good faith purchaser. The Domingos then filed for certiorari. The Supreme Court of Hawai'i reviewed the case, focusing on whether the failure to post the supersedeas bond rendered the appeals moot and whether the lis pendens affected the title conveyed to BBNY.The Supreme Court of Hawai'i held that even if the mortgagee is the purchaser at a judicial foreclosure sale, an appellant must satisfy conditions for a stay, including posting a supersedeas bond, to prevent transfer of title to a good faith purchaser. The court affirmed that BBNY was a good faith purchaser despite knowledge of the Domingos' pending lawsuit and lis pendens. The court also ruled that a lis pendens does not eliminate the need to post a supersedeas bond and does not affect the title conveyed to a good faith purchaser.The court further held that the Domingos' separate wrongful foreclosure lawsuit was an improper collateral attack on the foreclosure judgment and that the collateral consequences exception to the mootness doctrine did not apply. The court affirmed the ICA's dismissal of the appeals as moot. View "Wilmington Savings Fund Society, FSB v. Domingo" on Justia Law

In a procurement dispute, the Honolulu Board of Water Supply (BWS) solicited bids for a well-drilling project and disqualified Alpha, Inc. for not having the required contractor’s license. Alpha challenged the decision administratively and judicially, arguing that its bid was responsive and that the winning bidder, Beylik/Energetic A JV, was nonresponsive. BWS maintained that the administrative hearings officer and courts lacked jurisdiction to hear the protest because Alpha did not meet the statutory requirement that the protest concern a matter worth at least ten percent of the contract’s value.The Office of Administrative Hearings (OAH) concluded that the ten percent requirement was not jurisdictional and had jurisdiction to hear Alpha’s appeal. On the merits, OAH found that Alpha’s bid was nonresponsive due to the lack of a required subcontractor listing. The Circuit Court of the First Circuit affirmed OAH’s decision, agreeing that BWS could require a C-27 license for tree removal and that Alpha’s bid was nonresponsive. The Intermediate Court of Appeals (ICA) also affirmed, holding that the ten percent requirement related to standing, not jurisdiction, and that Alpha had standing to appeal.The Supreme Court of the State of Hawai‘i reversed the ICA’s decision, holding that the ten percent requirement is jurisdictional. The court concluded that Alpha did not meet this requirement, and therefore, OAH and the courts lacked jurisdiction to review BWS’s decision. The court also provided guidance on the merits, affirming BWS’s disqualification of Alpha’s bid for not listing a required subcontractor and not having the proper license for tree removal. View "Alpha Inc. v. Board of Water Supply" on Justia Law

The case involves the environmental review of commercial aquarium fishing permits in Hawai‘i. In 2017, the Hawai‘i Supreme Court ruled that the permitting process for commercial aquarium collection must undergo environmental review under the Hawai‘i Environmental Policy Act (HEPA). Following this ruling, the Environmental Court voided all existing permits and enjoined the Department of Land and Natural Resources (DLNR) from issuing new permits without completing HEPA review. The Pet Industry Joint Advisory Council (PIJAC) then prepared an Environmental Impact Statement (EIS) to continue commercial aquarium fishing in the West Hawai‘i Reef Fishery Management Area (WHRFMA).The Board of Land and Natural Resources (BLNR) initially rejected the EIS, citing fourteen reasons. PIJAC revised the EIS and, after a public comment period, submitted it again. BLNR's vote on the revised EIS resulted in a 3-3 tie, leading to the EIS being "deemed accepted" by operation of law. Plaintiffs sued BLNR in the Environmental Court for the First Circuit, seeking declaratory and injunctive relief. The court ruled against the plaintiffs, finding that the EIS adequately disclosed facts for the agency to make an informed decision. Plaintiffs appealed, and the State cross-appealed the denial of its motion to dismiss.The Hawai‘i Supreme Court held that the State is a proper defendant in the case and should defend the EIS. The court also determined that the "rule of reason" should be used in conjunction with HEPA’s content requirements to evaluate an EIS. The court found that the EIS was legally sufficient as it met HEPA’s content requirements and provided enough information for BLNR to make an informed decision. Consequently, the court affirmed the Environmental Court’s denial of the State’s motion to dismiss and its grant of summary judgment for PIJAC. View "Kaupiko v. Board of Land and Natural Resources" on Justia Law