Hoku Lele, LLC v. City and County of Honolulu

Opinion of the Hawaii Intermediate Court of Appeals

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The Hawaii Intermediate Court of Appeals, in a unanimous panel opinion authored by Judge Foley, held that a "zoning verification" by the Director of the City and County's Department of Planning and Permitting is not a "action of the Director" which a property owner must administratively appeal to the Honolulu Zoning Board of Appeals.

The circuit court had dismissed the complaint for lack of jurisdiction because the property owner did not seek administrative review. The ICA reversed and remanded, holding that the property owner had no obligation to appeal to the ZBA, and if it did, the DPP was obligated to provide conspicuous notice of the requirement of administrative exhaustion.

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