In re Contested Case Hearing on the Water Use Permit Application Originally Filed by Kukui, Inc.Annotate this Case
In this water use case, the Supreme Court affirmed the decision of the State of Hawaii Commission on Water Resource Management (Commission) concluding that Appellants waived the right to proceed on the contested case, holding that the Commission’s finding that Appellants waived the right to continue the case was not clearly erroneous or wrong.
More than a decade ago, the Supreme Court vacated the issuance of two water use permits and remanded the matter to the Commission. On remand, the parties claiming to be the applicant’s successors in interest submitted a letter to the Commission stating that they did not have the financial resources to continue to pursue the case. Years later, Appellants filed a new water use application. The Commission treated the application as a continuation of the remanded case and then concluded that the letter constituted a waiver of Appellants’ right to continue the original proceedings. The Supreme Court affirmed, holding that the Commission did not err in finding that Appellants expressly waived their right to proceed with the contested case by their letter.