Justia Hawaii Supreme Court Opinion Summaries

The dispute centers on the extension of a grading and grubbing permit issued by the Director of the Department of Public Works, County of Maui, to Maui Lani Partners for excavation work at a residential development site containing ancestral Hawaiian burial sites. In March 2018, an unincorporated association and its members challenged the validity of the permit extension, alleging violations of state and county laws requiring consultation with the State Historic Preservation Division and arguing that the Director exceeded his authority in granting the extension without good cause.The Circuit Court of the Second Circuit granted motions to dismiss the complaint on all counts without prejudice, finding no regulatory or statutory authority requiring consultation with the State Historic Preservation Division for permit extensions and that the Director acted within his discretionary authority. The court denied the plaintiffs’ motion for summary judgment and later denied their HRCP Rule 60(b)(6) motion for reconsideration, concluding that the plaintiffs had not presented new law or argument. The plaintiffs appealed to the Intermediate Court of Appeals (ICA), which affirmed the circuit court’s denial of costs and the motion for reconsideration but held that the notice of appeal was untimely because the Rule 60(b) motion was not filed within ten days of judgment and thus did not toll the appeal deadline.The Supreme Court of Hawaiʻi reviewed the case and held that a motion for reconsideration filed under HRCP Rule 60(b) is a “tolling motion” under HRAP Rule 4(a)(3) if filed within a reasonable time and before the appeal deadline, thereby extending the time to file a notice of appeal. The court also held that the ICA did not err in affirming the circuit court’s denial of the Rule 60(b)(6) motion for reconsideration. The Supreme Court vacated the ICA’s judgment in part and remanded for further proceedings. View "Kakanilua v. Director of the Department of Public Works" on Justia Law

A group of neighbors opposed the development of a public sports park on a 65-acre parcel in Maui. The State Department of Land and Natural Resources (DLNR) sought and received a special use permit from the County of Maui Planning Commission to build the park. Several future members of the neighbors’ group, Maui Lani Neighbors, Inc. (MLN), received notice of the permit hearing, attended, and some testified, but none formally intervened in the proceedings. After the permit was granted, one future MLN member filed an administrative appeal but later dismissed it. MLN was then incorporated and filed a lawsuit in the Circuit Court of the Second Circuit, challenging the permit on zoning, environmental, constitutional, and procedural grounds.The Circuit Court of the Second Circuit dismissed most of MLN’s claims, holding that they should have been brought as an administrative appeal of the Planning Commission’s decision under Hawai‘i Revised Statutes (HRS) § 91-14, and that MLN failed to exhaust administrative remedies. The Intermediate Court of Appeals (ICA) affirmed, but with different reasoning on some points. The ICA held that the administrative process provided an exclusive remedy for most claims, but allowed that some environmental claims under HRS chapter 343 (the Hawai‘i Environmental Policy Act, or HEPA) could proceed in circuit court if they did not seek to invalidate the permit.The Supreme Court of Hawai‘i affirmed the ICA’s judgment in most respects, but clarified that MLN’s claims under HRS chapter 343 were not subject to the exhaustion doctrine and could be brought directly in circuit court. The court held that, except for HEPA claims, MLN was required to challenge the permit through an administrative appeal, and that the declaratory judgment statute (HRS § 632-1) did not provide an alternative route. The court remanded the case to the circuit court to consider the HEPA-based claims. View "Maui Lani Neighbors v. State" on Justia Law

In 1922, the Territory of Hawai‘i issued a Land Patent for a 3.99-acre property to a trustee for the Church of Jesus Christ of Latter-Day Saints, with a deed restriction requiring the property to be used “for Church purposes only.” If used otherwise, the property would revert to the Territory. Over the years, the property changed hands several times, with each transaction referencing the original deed restriction. The current owners, Hilo Bay Marina, LLC and Keaukaha Ministry LLC, are not religious institutions and sought to have the restriction removed, arguing it was void under Hawai‘i Revised Statutes § 515-6(b), and violated both the Hawai‘i and Federal Establishment Clauses.The Circuit Court of the Third Circuit granted summary judgment for the State of Hawai‘i and its Board of Land and Natural Resources, finding that the deed restriction was a permissible form of early use-zoning, did not violate the cited laws, and was covered by the statutory exemption for religious use. The court also concluded that the restriction did not violate either the Hawai‘i or Federal Establishment Clauses, applying both the Lemon test and the more recent “historical practices and understandings” standard from Kennedy v. Bremerton School District.On appeal, the Supreme Court of the State of Hawai‘i reviewed the case de novo. The court found that the record did not support the lower court’s conclusion that the deed restriction was an early form of use-zoning. It held that the State’s enforcement of the restriction violated the Hawai‘i Establishment Clause, as it required the State to actively police religious use and entangled the government with religious affairs. The court reversed the Circuit Court’s judgment for the State, vacated its ruling on the Federal Establishment Clause, and held that summary judgment should be entered for the plaintiffs. View "Hilo Bay Marina, LLC v. State" on Justia Law

A property owner purchased a 17.547-acre parcel in North Kohala, Hawai‘i Island, in 2018. According to the official 1974 State Land Use District Boundaries map, about 4.794 acres of the property are within the conservation district, and the remainder is in the agricultural district. The owner contended that the conservation district boundary was incorrectly drawn, following the location of an old road rather than a newer road built in 1961. If the boundary had followed the newer road, 1.813 acres currently classified as conservation would have been agricultural. The owner petitioned the Land Use Commission (LUC) for a declaratory order to interpret the boundary under Hawai‘i Administrative Rules (HAR) § 15-15-22, arguing that the map contained a mistake and that the boundary should be corrected.The LUC held a public hearing, where the property owner presented evidence and testimony. The Office of Planning and Sustainable Development opposed the petition, stating there was insufficient reason to believe the official boundary was incorrect. The County of Hawai‘i took no position. The LUC unanimously denied the petition, finding that the evidence was not “conclusive” or “compelling” enough to show a mapping error or that the boundary was intended to follow the newer road. The LUC concluded that the map was properly drawn and that the boundary interpretation provided by staff was correct.The property owner appealed to the Circuit Court for the Third Circuit, and the appeal was transferred to the Supreme Court of the State of Hawai‘i. The Supreme Court held that, absent rulemaking to the contrary, the proper burden of proof for factual findings in such proceedings is the preponderance of the evidence standard. Because the LUC applied a heightened burden of proof, the Supreme Court vacated the LUC’s order and remanded the case for further proceedings consistent with the preponderance of the evidence standard. View "Honoipu Hideaway, LLC 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

The case revolves around Honoipu Hideaway, LLC's (Honoipu) appeal of the Land Use Commission’s (LUC) order denying its petition for a declaratory order to change the boundary location between the conservation and agricultural districts on a district boundary map. The appeal was initially filed with the Circuit Court of the Third Circuit. However, following a decision in another case, In re Kanahele, it was determined that appeals of LUC declaratory orders should have been filed with the Supreme Court of Hawai‘i in the first instance. This led to a question of whether the circuit court had the authority to transfer the appeal to the Supreme Court of Hawai‘i.The Circuit Court of the Third Circuit had initially accepted the appeal. However, following the decision in In re Kanahele, it was determined that the Supreme Court of Hawai‘i was the correct court for such appeals. This led to a dispute between Honoipu and the LUC, with Honoipu arguing for the transfer of the case to the Supreme Court, and the LUC arguing for dismissal due to lack of jurisdiction.The Supreme Court of Hawai‘i held that the Circuit Court of the Third Circuit had both inherent and statutory authority to transfer the appeal to the Supreme Court. The court reasoned that the power to "do such other acts and take such other steps as may be necessary to carry into full effect the powers which are or shall be given to them by law or for the promotion of justice" gave the circuit court the power to correct a jurisdictional mistake that was no party’s or court’s fault. The court also noted that transferring the case would further the judiciary’s policy of permitting litigants to appeal and hear the case on its merits. View "Honoipu Hideaway, LLC v. State" on Justia Law

The Supreme Court affirmed the order of the Land Use Commission (LUC) denying Petitioners' petition for a declaratory order challenging the construction of the Thirty Meter Telescope (TMT), holding that Haw. Rev. Stat. 205-2(e) does not authorize the Commission to exclude or enforce certain land uses within conservation districts.Petitioners in this case sought to use the LUC's districting authority in a manner that would compel the removal of all astronomy facilities located within the Astronomy Precinct. The LUC denied the petition, and Petitioners appealed. The Supreme Court affirmed, holding (1) this Court had jurisdiction to directly review Petitioners' appeal; (2) the LUC correctly determined that it lacked jurisdiction to issue the requested declaratory orders; and (3) Petitioners were not entitled to relief on their remaining claims of error. View "In re Petition of Ku'ulei Higashi Kanahele" on Justia Law

The Supreme Court overruled Maha-ulepu v. Land Use Commission, 790 P.2d 906 (1990), superseded by statute, 2005 Haw. Less. Laws Act 205, 2-3 at 669-71, which held that a use not permitted under Haw. Rev. Stat. 205-4.5(a)(6) could be authorized by special use permit, holding that it was incorrectly decided.At issue was Ho'omoana Foundation's proposed overnight campground development for unhoused and commercial campers on Class B land in an agricultural district in Maui could be authorized by special use permit or whether a district boundary amendment was required. The Supreme Court held (1) the specific exclusion of overnight camps from permitted uses in Haw. Rev. Stat. 205-4.5(a)(6) sets forth that the public and private recreation use of overnight camps is not permitted in Class A and B land in agricultural districts and cannot be permitted by special use permits; (2) Maha'ulepu is overruled; and (3) because the proposed campground project included a public or private recreational overnight camp use, the project required a district boundary amendment. View "Ho'omoana Foundation v. Land Use Comm'n" on Justia Law

The Supreme Court vacated the order of the circuit court modifying and affirming the decision of the Zoning Board of Appeals, which affirmed the decision of the Director of the City and County of Honolulu Department of Planning and Permitting approving an application for a Waikiki Special District (WSD) permit for PACREP to develop the second phase of a condo-hotel at 2139 Kuhio Avenue, holding that, under the circumstances, the due process rights of Local 5, a union representing hotel and restaurant employees, were violated.In appealing the permit, Local 5 argued that the Director abused his discretion by approving the permit without certain restrictive covenant conditions. The Supreme Court agreed, holding that, when the Director removed certain conditions from a WSD permit for the first phase of the condo-hotel project, conditions he knew Local 5 had advocated for, Local 5 should have had an opportunity challenge the removal of those conditions from the permit. Because Local 5 did not receive notice that the Director had removed these conditions, Local 5's due process rights were violated. View "Unite Here! Local 5 v. Department of Planning & Permitting/Zoning Board of Appeals" on Justia Law

The Supreme Court affirmed the decision of the Board of Land and Natural Resources (BLNR) authorizing issuance of a Conservation District Use permit (CDUP) for a Thirty Meter Telescope (TMT) near the summit of Mauna Kea, holding that the BLNR property applied the law in analyzing whether the permit should be issued for the TMT.Appellants, Native Hawaiian cultural practitioners, argued that Mauna Kea, as a sacred manifestation of their ancestors, was desecrated by development of astronomy facilities near its summit. The BLNR authorized issuance of the CDUP of the TMT after Third Circuit judge Riki May Amano conducted a contested case hearing over forty-four days. The Supreme Court affirmed, holding (1) the BLNR did not err by refusing to disqualify Amano as the hearing officer, and certain Deputy Attorneys General; (2) the TMT project does not violate religious exercise rights of Native Hawaiians protected by federal statutes; (3) the TMT project does not violate public trust principles, and the conditions of Hawai’i Administrative Rules 13-5-30(c) for issuance of a CDUP were satisfied; and (4) the proceeding was legitimate. View "In re Contested Case Hearing re Conservation District Use Application" on Justia Law