Community Ass'ns of Hualalai, Inc. v. Leeward Planning Comm'n
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The Supreme Court remanded this case to the Leeward Planning Commission (LPC) for proceedings consistent with this opinion, holding that the LPC and the Planning Director of the County of Hawai'i wrongfully denied The Community Associations of Haualali (Hualalai) a hearing and decision on its petition to intervene as a party to contest a special permit application.
The special permit application at issue requested approval to use an agricultural parcel of land as an equipment base yard and security dwelling and for stockpiling and crushing natural materials for commercial use. Hualalai, a group of Hawaii County community associations, filed a "Petition for Standing in a Contested Case Hearing," or petition to intervene. The petition was denied. Hualalai appealed, challenging the LPC's failure to issue a decision on Hualalai's petition and objecting to the decision to treat the proceeding as a closed matter. The Supreme Court remanded the case, holding that the actions in this case were made upon unlawful procedure and constituted abuses of discretion.
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