12-2-2021 Opinion of the Supreme Court

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*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** aggrieved by a final decision and order in a contested case or by a preliminary ruling of the nature that deferral of review pending entry of a subsequent final decision would deprive appellant of adequate relief is entitled to judicial review thereof under this chapter [ . ] "22 In Pub. Access Shoreline Haw. v. Haw. Cnty Planning Comm' n (PASH) , this court identified the "necessary inquiry" to determine whether a court may review an agency appeal under HRS § 91-14 (a) : (1) there must have been a contested case hearing; (2) "the agency' s action must represent a final decision and order, or a preliminary ruling such that deferral of review would deprive the claimant of adequate relief; " (3) "the claimant must have followed the applicable agency rules and, therefore, have been involved in the contested case; " and (4) "the claimant' s legal interests must have been injured" such that the claimant has "standing to appeal . " 79 ( . . . continued) and such persons and agencies that may have an interest in the subject matter of the time and place of the hearing. (c) The county planning commission may, under such protective restrictions as may be deemed necessary, permit the desired use, but only when the use would promote the effectiveness and objectives of this chapter; provided that a use proposed for designated important agricultural lands shall not conflict with any part of this chapter. A decision in favor of the applicant shall require a majority vote of the total membership of the county planning commission. zz Hualalai is a "person," as used in "person aggrieved," because it is an association or organization as defined by HRS § 91-1. 27