Thursday, June 20, 2024
Hawai'i Free Press

Current Articles | Archives

Tuesday, December 18, 2018
HAWSCT's Latest Water Case Isn't About Water
By Robert Thomas @ 7:59 PM :: 6543 Views :: Environment, Judiciary, Land Use

HAWSCT's Latest Water Case Isn't About Water

by Robert Thomas, InverseCondemnation, December 17, 2018

You might think from the caption of the Hawaii Supreme Court's opinion in In re Contested Case Hearing on the Water Use Permit Application Originally Filed by Kukui (Molokai), Inc., No. SCOT-17-0000184 (Dec. 10, 2018), that, oh boy, we were about to get yet another pronunciation on Hawaii's water law from the court.

Alas, not so. Search as you might, there's nothing there that helps or hurts in the water law department. It's only about administrative law. Specifically, when a party to an administrative proceeding has waived their right to demand a contested case (a trial-like proceeding in an administrative agency). 

Long backstory, but here's the short version: when an applicant writes to the agency and states, "This letter is to inform you that Molokai Public Utilities (MPU) does not intend to continue to pursue this case on remand," it's not too surprising that the agency -- and ultimately the Supreme Court -- is going to conclude that this is a waiver of MPU's right to pursue the case on remand. Slip op. at 19. 

And as we know, the Hawaii Supreme Court is particularly open to claims of waiver, especially in water cases. Applicants: the burden is on you. Try and remember that. 

LINK: In re Molokai Public Utilities, No. SCOT-17-0000184 (Haw. Dec. 10, 2018)

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

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 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

HiFiCo

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

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii