HAWSCT: When Agency Includes Conditions In Phase 1 Land Use Permit, But Later Removes The Conditions In Phase 2 Permit, Party Who Asked For Conditions Is Entitled To Notification
by Robert Thomas, InverseCondemnation, Dec 13, 2019
Here's the latest opinion about land use from the Hawaii Supreme Court. Unite Here! Local 5 v. Dep't of Planning & Permitting, No. SCAP-17-823 (Haw. Dec. 13, 2019). Because our Damon Key partner Greg Kugle was the prevailing lawyer in the case, we won't go into detail about the opinion, but leave it to you to delve into it.
It is about procedural due process and the opportunity to object in the administrative appeals process, permit conditions, and the like. Land users, check it out.
PDF: Unite Here! Local 5 v. Dep't of Planning & Permitting, No. SCAP-17-0000823 (Haw. Dec. 13, 2019)