Hoku Lele, LLC v. City and County of Honolulu

Opinion of the Hawaii Intermediate Court of Appeals


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.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Decision | State, 9th Circuit, Hawaii | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Robert Thomas, Damon Key Leong Kupchak Hastert | Attorney Advertising

Written by:


Damon Key Leong Kupchak Hastert on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.