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12-2-2021 Opinion of the Supreme Court
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2022-06-16 Leeward (CANCELLED DUE TO LACK OF QUORUM)
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Item #2 Bolton, Inc. (REMAND SPP-16-000188)
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12-2-2021 Opinion of the Supreme Court
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*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** <br /> §§ 205-19 and 91-14 provide the requirements for judicial review <br /> of direct appeals of contested cases to this court; HRS § 205- <br /> 19 (a) applies the requirements of chapter 91 to contested cases <br /> before the LPC: <br /> Chapter 91 shall apply to every contested case arising <br /> under this chapter except where chapter 91 conflicts with <br /> this chapter, in which case this chapter shall apply. Any <br /> other law to the contrary notwithstanding, including <br /> chapter 91, any contested case under this chapter shall be <br /> appealed from a final decision and order or a preliminary <br /> ruling that is of the nature defined by section 91-14 (a) <br /> upon the record directly to the supreme court for final <br /> decision. <br /> HRS § 205-19 (a) . This case arises under chapter 205 because it <br /> involves a special permit application to the LPC, an agenCy20 <br /> that possesses authority to rule on such applications pursuant <br /> to HRS § 205-6 .21 HRS § 91-14 (a) further provides, "Any person <br /> 20 The LPC is an agency because it is a "county . . . <br /> commission . . . authorized by law to make rules or to adjudicate contested <br /> cases." HRS § 91-1 (2017) . <br /> 21 HRS § 205-6 provides in relevant part: <br /> (a) Subject to this section, the county planning <br /> commission may permit certain unusual and reasonable uses <br /> within agricultural and rural districts other than those <br /> for which the district is classified. Any person who <br /> desires to use the person' s land within an agricultural or <br /> rural district other than for an agricultural or rural use, <br /> as the case may be, may petition the planning commission of <br /> the county within which the person' s land is located for <br /> permission to use the person' s land in the manner <br /> desired. . . . <br /> (b) The planning commission, upon consultation with the <br /> central coordinating agency, except in counties where the <br /> planning commission is advisory only in which case the <br /> central coordinating agency, shall establish by rule or <br /> regulation, the time within which the hearing and action on <br /> petition for special permit shall occur. The county <br /> planning commission shall notify the land use commission <br /> (continued . . . ) <br /> 26 <br />
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