Sunday, June 16, 2024
Hawai'i Free Press

Current Articles | Archives

Tuesday, June 3, 2014
Supreme Court Agrees to Hear Kyo-ya Case
By News Release @ 8:54 PM :: 5684 Views :: Development, Tourism

State Supreme Court agrees to decide case challenging city approval of controversial Waikiki beach tower

News Release from Hawaii’s Thousand Friends June 3, 2014

On Thursday, May 15, the Hawaii Supreme Court announced it would consider the four-year legal challenge waged by a hui of environmental groups against the City and County of Honolulu for a 2010 variance granted to Kyo-ya Hotels and Resorts for a 26-story hotel/condo tower on Waikiki beach. The proposed tower, to be located on a small, oceanfront lot between the historic Moana Hotel and city-owned Kuhio Beach Park, would exceed the Waikiki Special District’s beachfront height and setback laws, established in 1976, by 74.3 percent.

Plaintiffs/appellants include Hawaii’s Thousand Friends, the Surfrider Foundation, KAHEA — the Hawaiian-Environmental Alliance, and the Ka Iwi Coalition. Both the city and Kyo-ya are defendants/appellees in the case.

Background: In December 2010 the environmental hui, which included individual petitioner Michelle Matson formed to appeal the variance decision, made by the city’s Department of Planning and Permitting Director, to the city’s Zoning Board of Appeals (ZBA). Over two years later, the ZBA ruled for the city and against the hui in February 2013. The hui appealed to the Circuit Court of Appeals, which upheld the ZBA’s ruling in October, 2013. The hui filed an appeal with the Intermediate Court of Appeals and requested a transfer of the case to the Hawaii Supreme Court in April 2014.

“We are glad the Supreme Court has decided to hear the case,” said Linda Paul, attorney for the hui. “It’s a case that asks an important and fundamental question: Does the Mayor — or his agents — have unlimited power to grant exemptions of any magnitude from any ordinance?"

Paul says she expects the Court will render its decision later this year.


SA: Hawaii Supreme Court to tackle Kyo-ya tower dispute


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


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


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

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 Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii