Diamond v. Dobbin

by
The owner of certain property and surveying company filed a shoreline certification application with the Department of Land and Natural Resources for the property. Petitioners filed a notice of appeal of the proposed shoreline certification. In an amended decision, the Board of Land and Natural Resources (BLNR) concluded that Petitioners failed to establish that the proposed certified shoreline was not proper. The Supreme Court vacated the BLNR’s amended decision, holding (1) in making a shoreline determination pursuant to Haw. Rev. Stat. 205A-42, the BLNR must consider the historical evidence of the upper reaches of the wash of the waves; and (2) in this case, the BLNR’s amended decision establishing a certified shoreline for the subject property effectively failed to consider the historical evidence of the upper reaches of the wash of the waves and contained errors of law and erroneous findings of fact. Remanded. View "Diamond v. Dobbin" on Justia Law