Justia Hawaii Supreme Court Opinion Summaries

The Green Party of Hawaii and seven registered voters who voted in the 2012 General Elections (collectively, Green Party) filed this action seeking a declaratory judgment that certain methodologies and procedures used by the Office of Elections in the 2012 election were invalid under the Hawaii Administrative Procedure Act (HAPA). The circuit court granted summary judgment in favor of the Office of Elections, concluding that the challenged procedures were not subject to HAPA rulemaking requirements. The Supreme Court vacated the circuit court’s judgment in part, holding that the procedures used to determine that there will be a sufficient number of ballots ordered for each precinct for a general or primary election and the policy for counting votes cast on ballots for the incorrect precinct are rules under HAPA and, therefore, are subject to HAPA’s rulemaking requirements. View "Green Party of Hawaii v. Nago" on Justia Law

Plaintiff, a State of Hawaii employee, was injured in an accident on the premises of the University of Hawaii Leward Community College one hour after he ended work for the day. The State denied Plaintiff’s claim for compensation on the basis that his injury was not work related. The Labor and Industrial Relations Appeals Board (LIRAB) determined that the State had presented sufficient evidence to overcome the presumption that Plaintiff’s knee injury was a covered work-related injury. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court vacated the ICA’s judgment and the LIRAB’s decision and order, holding that the LIRAB erred in concluding that the State rebutted the presumption that Plaintiff’s knee injury was a compensable work injury. View "Yoshii v. State, Univ. of Hawaii" on Justia Law

Appellants, The Sierra Club and Senator Clayton Hee, challenged the Land Use Commission’s (LUC) reclassification of 1525 acres of Appellee D.R. Horton-Schuler Homes’ land from the agricultural state land use district to the urban state land use district. The circuit court affirmed the LUC’s findings of fact, conclusions of law, and decision and order. The Supreme Court affirmed, holding (1) the reclassification did not violate article XI, section 3 of the Hawai’i Constitution or Haw. Rev. Stat. 205-41 through -52; and (2) reliable, probative, and substantial evidence supported the LUC’s finding that the reclassification of the land at issue was consistent with the Hawai’i State Plan, would not substantially impair agricultural production, and was necessary for urban growth. View "Sierra Club v. D.R. Horton-Schuler Homes, LLC" on Justia Law

Appellant was injured while he was working for his former employer. Appellant made a workers’ compensation claim against his former employer and its insurance carrier (collectively, Defendants). The Labor and Industrial Relations Appeals Board (LIRAB) concluded that substantial evidence rebutted the presumption that that Appellant’s injuries were related to his work accident and, further, limited Plaintiff’s TTD benefits based on deficiencies in the certificates of disability submitted by Appellant’s attending physicians. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court vacated the ICA’s judgment and the LIRAB’s decision and order, holding that the LIRAB erred in (1) concluding that Defendants adduced substantial evidence that rebutted the presumption that Appellant’s injuries were covered work-related injuries; and (2) relying on the deficiencies in Appellant’s physicians’ reports in limiting Appellant’s TTD benefits. Remanded. View "Panoke v. Reef Dev. of Hawaii, Inc." on Justia Law

The University of Hawai’i at Hilo applied for approval from the Board of Land and Natural Resources (Board) to construct a thirty meter telescope on Mauna Kea on the island of Hawai’i. Despite objections, the Board voted to approve the permit, subject to a number of conditions. The Board further directed that a contested case hearing be conducted and included a condition in the permit that no construction could be undertaken until the contested case hearing was resolved. After the contested case hearing, the hearing officer recommended that the permit be approved. The Board adopted that recommendation. The circuit court affirmed the Board’s action. The Supreme Court vacated the judgment of the circuit court and the permit issued by the Board, holding that, by voting on the permit before the contested case hearing was held, the Board violated the Hawai’i Constitution’s guarantee of due process. Remanded. View "Hou v. Bd. of Land & Natural Res." on Justia Law

In 1996, Petitioner suffered a work-related injury while employed by Employer. Petitioner was subsequently awarded temporary total disability (TTD) benefits. In 2008, Employer denied Petitioner’s request that he be fitted for a neuromonics device for treatment of his tinnitus condition and gave notice of its intent to terminate TTD payments. Petitioner requested a hearing challenging Employer’s actions. The Director of the Department of Labor and Industrial Relations, Disability Compensation Division, determined that Petitioner was not entitled to a neuromonics device and that he was no longer entitled to TTD benefits because he was able to resume work. The Labor and Industrial Relations Appeals Board (LIRAB) affirmed the Director’s decision. The Intermediate Court of Appeals (ICA) affirmed LIRAB’s decision and order. The Supreme Court vacated the ICA’s judgment and LIRAB’s decision and order, holding (1) there was substantial evidence to show that the neuromonics device was reasonably needed for treating Petitioner’s tinnitus; and (2) based on that finding, Petitioner was not medically stable and unable to return to work, and therefore, Petitioner was entitled to reinstatement of TTD payments. View "Pulawa v. Oahu Constr. Co., Ltd." on Justia Law

At issue in this case was a coastal height setback requirement that limits development next to Waikiki’s shoreline. In 2010, Kyo-ya Hotels & Resorts LP submitted a land use permit to redevelop an existing hotel building with a twenty-six-story hotel and residential tower. The Director of the Department of Planning and Permitting granted partial approval of Kyo-ya’s variance application to allow the Project to encroach approximately seventy-four percent into the coastal height setback. Several entities (Petitioners) challenged the Director’s conclusion that Kyo-ya’s request for a variance from the coastal height Sstback met the requirements for issuance of a variance as set forth by the city charter. The Zoning Board of Appeals (ZBA) denied Petitioners’ appeal of the Director’s decision. The circuit court affirmed the ZBA order. The Supreme Court reversed, holding that Kyo-ya met none of the three requirements for issuance of a variance. View "Surfrider Found. v. Zoning Bd. of Appeal" on Justia Law

The Department of Transportation Airport Division (DOT-A), which leases Dillingham Airfield on the island of O’ahu from the United States Army, imposed landing fees on commercial users, including Petitioners. In 2012, DOT-A asserted that Petitioners owed DOT-A $264,995 in unpaid landing fees. Petitioners filed a complaint seeking the following relief: the return of landing fees paid under protest; injunctive relief preventing DOT-A from imposing additional fees against Petitioners; and a declaration that an administrative rule of DOT-A was invalid to the extent it established the rate of landing fees at the airfield. The circuit court denied injunctive relief and entered judgment on the merits in favor of DOT-A. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court affirmed, holding that DOT-A is not precluded from setting and imposing landing fees at the airfield through a DOT-A procedure that references the Hawaii Administrative Rules for the landing fee rates. View "Pofolk Aviation Haw., Inc. v. Dep’t of Transp. for State of Haw." on Justia Law

Passed by voter initiative, the “Lowest Law Enforcement Priority of Cannabis” (LLEP) of the Hawai’i County Code provides that the cultivation, possession and use for adult personal use of cannabis shall be the lowest law enforcement priority for law enforcement agencies in the county. Petitioners, a group of pro se individuals, filed a complaint alleging that Defendants - members of the Hawai’i County Council, Hawai’i County prosecutors, and chief of police - failed to comply with the LLEP. The circuit court granted Defendants’ motions for judgment on the pleadings and dismissed the case, concluding that the LLEP was preempted by state law. The intermediate court of appeals (ICA) affirmed. The Supreme Court affirmed, holding (1) the LLEP is preempted solely because it conflicts with state law; and (2) the entire LLEP is invalidated because it conflicts with, and is therefore preempted by, state law. View "Ruggles v. Yagong" on Justia Law

John Doe, a registered sex offender in the State of Washington, intended to vacation in Hawaii with his family. The Hawaii Criminal Justice Data Center (HCJDC) informed Doe that his Washington conviction was a covered offense requiring registration in Hawaii under Haw. Rev. Stat. 846E-2. Doe wrote to the Attorney General, seeking a “declaration” as to whether he was required to register as a sex offender while present in Hawaii. HCJDC replied on behalf of the Attorney General again informing Doe that he would be required to register in Hawaii. Doe filed a notice of appeal to the circuit court with respect to the decision of the Attorney General. The circuit court dismissed the case for lack of subject matter jurisdiction, concluding that Doe’s communications with HCJDC did not present a contested proceeding that was appealable. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court vacated the ICA’s affirmance of the circuit court’s dismissal of Doe’s agency appeal based on lack of jurisdiction, holding that a reasonable interpretation of HCJDC’s initial letter is as a denial of Doe’s petition for a declaratory order, thus affording Doe his right to appeal that decision to circuit court. View "Lawson v. Attorney General" on Justia Law