Friends of Makakilo v. D.R. Horton-Schulder Homes, LLC

In 2012, the Land Use Commission (LUC) granted Horton-Schuler Homes LLC’s petition to reclassify certain lands in ‘Ewa District, O’ahu from agricultural to urban use subject to certain conditions. The Sierra Club filed a notice of appeal with the circuit court requesting judicial review of the decision, and Friends of Makakilo (FOM), a non-profit corporation, filed a notice of cross-appeal. FOM did not file its cross-appeal within thirty days after service of the certified copy of LUC’s final decision and order as required by Haw. Rev. Stat. 91-14(b). The circuit court held that FOM’s cross-appeal was not allowed by law because aggrieved parties have no right to cross-appeal and that FOM’s cross-appeal was untimely. The Supreme Court affirmed the circuit court’s dismissal of FOM’s cross-appeal as untimely, holding that an “aggrieved person” seeking judicial review of an administrative decision under the Hawai’i APA must institute review proceedings within thirty days after service of the final decision and order. View "Friends of Makakilo v. D.R. Horton-Schulder Homes, LLC" on Justia Law