Articles Posted in Supreme Court of Hawaii

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In this water use case, the Supreme Court affirmed the decision of the State of Hawaii Commission on Water Resource Management (Commission) concluding that Appellants waived the right to proceed on the contested case, holding that the Commission’s finding that Appellants waived the right to continue the case was not clearly erroneous or wrong. More than a decade ago, the Supreme Court vacated the issuance of two water use permits and remanded the matter to the Commission. On remand, the parties claiming to be the applicant’s successors in interest submitted a letter to the Commission stating that they did not have the financial resources to continue to pursue the case. Years later, Appellants filed a new water use application. The Commission treated the application as a continuation of the remanded case and then concluded that the letter constituted a waiver of Appellants’ right to continue the original proceedings. The Supreme Court affirmed, holding that the Commission did not err in finding that Appellants expressly waived their right to proceed with the contested case by their letter. View "In re Contested Case Hearing on the Water Use Permit Application Originally Filed by Kukui, Inc." on Justia Law

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The Supreme Court held that the Board of Land and Natural Resources (BLNR) was not required to hold a contested case hearing prior to consenting to a sublease that the University of Hawai’i intended to enter into with TMT International Observatory LLC for the construction of a thirty meter telescope on the Mauna Kea Science Reserve. E. Kalani Flores requested that BLNR hold a contested case hearing prior to consenting to the sublease. BLNR denied the request and consented to the sublease. The environmental court ruled that BLNR infringed upon Flores’s constitutional rights by rejecting his request for a contested case hearing. The Supreme Court disagreed, holding that a contested case hearing was not required by statute, administrative rule, or due process under the circumstances of this case. View "Flores v. Board of Land & Natural Resources" on Justia Law

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The Board of Land and Natural Resources (BLNR) granted a permit for the University of Hawaii to construct the Advanced Technology Solar Telescope at an area set aside for astronomical observations located within a conservation district near the summit of Haleakala on the island of Maui. Kilakila 'O Haleakala (Kilakila) challenged BLNR’s approval of the permit. Both the circuit court and the Intermediate Court of Appeals affirmed BLNR’s decision. The Supreme Court affirmed, holding (1) the permit approval process was not procedurally flawed by prejudgment or by impermissible ex parte communication; and (2) BLNR validly determined that the telescope met the applicable permit criteria and was consistent with the purposes of the conservation district. View "Kilakila 'O Haleakala v. Bd. of Land & Nat. Res." on Justia Law

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At issue in this case was a proposed project for constructing a new telescope at an area set aside for astronomical research located within a conservation district near the summit of Haleakala on the island of Maui. The University of Hawaii (UH) prepared a Management Plan containing guidelines applying to facilities within the astronomical site area. UH found that the Management Plan would not have a significant environmental impact and, therefore, that an environmental impact statement was not required. Kilakila ‘O Haleakala (Kilakila) brought a court action to challenge UH’s finding. During discovery, Kilakila sought to obtain documents and admissions from UH and the Department of Land and Natural Resources (DLNR) relating to the environmental assessment. UH and DLNR sought a protective order regarding Kilakila’s discovery request, contending that judicial review was restricted to the administrative record. The circuit court granted the protective order. The Supreme Court affirmed, holding (1) while judicial review of the agency’s determination was not restricted to the administrative record, the circuit court did not err because the parties were permitted to submit documents beyond those contained within the agency record, and the court did not foreclose further discovery requests; and (2) UH’s conclusion that the Management Plan would not cause significant environmental impacts was not clearly erroneous. View "Kilakila 'O Haleakala v. Univ. of Hawaii" on Justia Law