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Protect and Preserve Kahoma Ahupuaa Ass'n v. Maui Planning Comm'n, No. SCWC-15-0000478 (Haw. June 16, 2021)
Protect and Preserve Kahoma Ahupuaa Ass'n v. Maui Planning Comm'n, No. SCWC-15-0000478 (Haw. June 16, 2021)
Electronically Filed
Supreme Court
SCWC-15-0000478
16-JUN-2021
09:04 AM
Dkt. 35 OP
---oOo---
________________________________________________________________
vs.
SCWC-15-0000478
I. Introduction
(“CZMA”). The ICA also held the Commission was required to make
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II. Background
A. Commission proceedings
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Carr’s SMA use permit application for the Project. The Project
of the West Maui Community Plan. The West Maui Community Plan
1 Available at https://perma.cc/NJL5-6Q7H.
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Plan.
2 Available at https://perma.cc/C3Y8-DBX3.
3 Available at https://perma.cc/WXH8-LKMX.
4 HRS § 201H-38 provides, in relevant part:
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amendment.”
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land adjacent to the Project, and the Project would diminish the
and that the interests PPKAA sought to protect were the “same
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environmental resources.
PPKAA members lived within 500 feet of the Project and would
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approval process.
actions.
September 23, 2014 order and June 24, 2014 oral approval of
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1. PPKAA’s arguments
PPKAA argued this did not excuse Carr from the SMA permit
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2. Carr’s arguments9
the Commission was not required to find that the Project was
On June 19, 2015, the circuit court issued its FOFs, COLs,
The circuit court’s COLs included the following. PPKAA was not
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housing project under HRS ch. 201H, the Project had been granted
an exemption from the general plan via Resolution 14-14, and the
opinion vacating the circuit court’s June 19, 2015 order and
plaintiffs must meet this three-part standing test but need not
Dep’t. of Transp., 115 Hawai‘i 299, 320, 167 P.3d 292, 313
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PPKAA, mem. op. at 9-10 (citing MECO, 141 Hawai‘i at 270, 408
P.3d at 22).
and at the June 24, 2014 public hearing, noting that PPKAA
15. Therefore, the ICA ruled PPKAA had been “so directly and
The ICA also held that PPKAA was denied procedural due
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with the Maui County general and community plans. PPKAA, mem.
op. at 22. Although the Council exempted the Project from MCC
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the county general plan and zoning.” PPKAA, mem. op. at 23-24.
D. Certiorari application
five questions:
A. Constitutional law
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the facts of the case. State v. Phua, 135 Hawai‘i 504, 511-12,
Sierra Club v. Office of Planning, 109 Hawai‘i 411, 414, 126 P.3d
(g) Upon review of the record, the court may affirm the
decision of the agency or remand the case with instructions
for further proceedings; or it may reverse or modify the
decision and order if the substantial rights of the
petitioners may have been prejudiced because the
administrative findings, conclusions, decisions, or orders
are:
(1) In violation of constitutional or statutory
provisions;
(2) In excess of the statutory authority or
jurisdiction of the agency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable,
probative, and substantial evidence on the
whole record; or
(6) Arbitrary, or capricious, or characterized
by abuse of discretion or clearly unwarranted
exercise of discretion.
IV. Discussion
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Club, 115 Hawai‘i at 320, 167 P.3d at 313). The ICA then held
11 Carr also argues the ICA erred by relying on the public testimony
portion of the Commission’s hearing in determining that PPKAA demonstrated an
injury in fact because the public testimony was not presented as part of
PPKAA’s petition. However, the ICA’s discussion of the public testimony was
in the context of the Commission’s unchallenged FOFs in its order denying
PPKAA’s petition to intervene, which summarized the PPKAA members’ public
testimony and which Carr prepared. PPKAA, mem. op. at 14. Carr also
responded to the public testimony concerns during the hearing on its SMA use
permit application.
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abstract need or desire for it. [They] must have more than a
Hawai‘i at 264-65, 408 P.3d at 16-17. This court noted that the
17.
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Hawai‘i at 261, 408 P.3d at 13; see Cty. of Hawai‘i v. Ala Loop
Homeowners (Ala Loop), 123 Hawai‘i 391, 417, 235 P.3d 1103, 1129
HRS § 205A-21 (Supp. 1977). The provisions of HRS ch. 205A also
123 Hawai‘i at 410, 235 P.3d at 1122; see HRS § 205A-4 (Supp.
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Hawai‘i Elect. Light Co., 67 Haw. 425, 430, 690 P.2d 274, 278
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SMA. See MECO, 141 Hawai‘i at 266, 408 P.3d at 18. As the ICA
had their petition been granted.14 See MECO, 141 Hawai‘i at 269,
SMA, and their knowledge of the area could have supplemented the
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Therefore, the ICA did not err in holding that PPKAA was
provisions:
(Emphasis added.)
Project from MCC ch. 2.80B, it did not relieve the Commission
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. . .
(Emphasis added.)
We agree with the ICA that Resolution 14-14 did not exempt
the Project from HRS § 205A-26(2)(C) and that the Commission was
required to find that the Project was consistent with the West
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MCC ch. 2.80B, but it did not exempt the Project from HRS
§ 205A-26(2)(C).
among its listed exemptions, the Council would not have been
under HRS § 201H-38, HRS ch. 201H does not define “relating to”
phrase. The United States Supreme Court has recognized that the
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Dept., Cty. of Kauai, 104 Hawai‘i 173, 181, 86 P.3d 982, 990
V. Conclusion
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