Thursday, February 22, 2024
Hawai'i Free Press

Current Articles | Archives

Monday, December 23, 2013
Supreme Court Invalidates LUC Koa Ridge Reclassification
By Robert Thomas @ 11:55 PM :: 8637 Views :: Development, Judiciary, Land Use

Quo Warranto Fu: HAWSCT Invalidates Rezoning Because Holdover Commissioner Voted

by Robert Thomas, InverseCondemnation, December 23, 2013

In Sierra Club v. Castle & Cooke Homes Hawaii, Inc., No. SCWC-0000625 (Dec. 23, 2013), by a 4-1 majority, the Hawaii Supreme Court concluded that a Land Use Commission commissioner, who had not been approved by the Hawaii Senate for a second term, was neither a statutory "holdover" member, nor a de facto commissioner, and thus could not cast the decisive and sixth vote in a reclassification of land. The court invalidated the reclassification.

The court concluded that the commissioner did not qualify as a valid holdover under Haw. Rev. Stat. § 26-34, and did not qualify as a de facto commissioner. This is the "Koa Ridge" case that we've been following, and as we predicted here, it's never wise to bet against the plaintiff in this case when they take a case to the Hawaii Supreme Court.

Our favorite part of the opinion is note 9 on page 10: Quo Warranto rules!

Chief Justice Recktenwald dissented and concurred, arguing that the commissioner fit within the language of the statute.

The Court of Appeals' opinion is posted here.

The title of this post called this a "rezoning," but since this was the State Land Use Commission considering a boundary amendment/land reclassification and not county zoning, technically speaking it wasn't a "rezoning." So forgive us, we had to go with that because "boundary amendment" just doesn't sing.

LINK: Sierra Club v. Castle & Cooke Homes Hawaii, Inc., No. SCWC-11-0000625 (Haw. Dec. 23, 2013)

This ruling does not shut down Koa Ridge development preparations >>> Koa Ridge Still Moving Under 2012 Approval

Background: How A&B Wins Big from Environmental Litigation

Background: Enviros win 90% in Hawaii Supreme Court

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT