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FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER <br /> On September 24, 2024, the Hawaii Supreme Court rendered its <br /> decision in Rosehill v. State of Hawaii Land Use Commission, SCAP-22- <br /> 0000371, _ Haw. _, _ P.3d _ (Slip Opinion, Sept. 24, 2024) that short term <br /> vacation rental activity, which is a form of transient accommodation, is not a <br /> direct permitted use in the State Land Use Agriculture District. The Hawaii <br /> Supreme Court also held that this Court's decision in the "Rosehill Cases" in <br /> 3CCV-21-0000178 is void. As such, the Hawaii Supreme Court's decision in <br /> Rosehill resolves the main issue that is raised in the agency appeal that is now <br /> before this Court. <br /> Nevertheless, this Court finds it necessary to address the <br /> remaining questions that have been raised in this agency appeal, which are <br /> susceptible of repetition in future administrative cases. These questions are (1) <br /> whether the Hawaii County Board of Appeals used an unauthorized procedure <br /> below, (2) whether the board met in an unauthorized executive session, (3) <br /> whether the board failed to render written findings and conclusions to support <br /> its orders and (4) whether the board ignored the pre-Rosehill decision of the <br /> Fifth Circuit Court in the "Campos Case" that transient accommodation activity <br /> is not a direct permitted use in the State Land Use Agriculture District? The <br /> answer to each of these questions is "Yes." <br /> That being said, this Court grants the appellants'joint agency <br /> appeal, reverses and vacates the Hawaii County Board of Appeals' orders on <br /> appeal and directs the Hawaii County Board of Appeals to enter orders that <br /> grant the appeals taken in PL-BOA-2022-000200 and PL-BOA-2022-000201. <br /> 1 <br />