11-02-2021 Intervenor - Exceptions to WPC Proposed FOF, COL, DO

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water resources. Nor, has Connections demonstrated how the development of a regional charter school on the Property that does not specifically service the needs the immediate community and this is overwhelmingly objected to by the immediate community is a reasonable site for this facility. In addition, Connections has not demonstrated that the Development meets most of the criteria to be considered by the Commission in the subject application. (Emphasis added) RA: part I, 76-77. Appellant objected to this alleged error in its April 21, 2014,Joint Exceptions to Hearings Officers [sic] Report Finding of Fact, Conclusions of Law and Recommendation Dated April 7, 2014. RA: part III, 2966-2967. See also. Sec. 91-14(8)(5), HRS;Aluminum Shake Roofing, Inc. v. Hirayascr, 110 Hawai'i 248, 252, 131 P.3d 1230, 1234 (2006); Del Monte Fresh Produce (Hawaii), Inc. v. Intl Longshore & Warehouse Union, Local 142, AFL-CID, 112 Hawaii 489, 499, 146 P.3d 1066, 1076 (2006) IV. STANDARD OF REVIEW Generally, appeals of an administrative agency decision is secondary appeal and the court applies the standards of Sec. 91-14(g), HRS, to determine if the trial court's decision was right or wrong: §91-14 Judicial review of contested cases. (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; or (2) In excess of the statutory authority or jurisdiction of the agency; or (3) Made upon unlawful procedure; or (4) Affected by other error of law; or (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. (Emphasis added) 11