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CARP-22-000371, which appeal was transferred to the Hawaii Supreme Court <br /> on June 8, 2023 in SCAP-22-0000371. The matter remained pending at the <br /> Hawaii Supreme Court until September 24, 2024 when the Hawaii Supreme <br /> Court rendered its decision in Rosehill u. State of Hawaii Land Use Commission, <br /> supra. <br /> 21. This Court notes that on May 19, 2023, before the <br /> Appellants Ford, et al. and Gage filed their Opening Brief herein on July 24, <br /> 2023 and before the Appellees Planning Director and Board of Appeals filed <br /> their Answering Brief herein on September 5, 2023, the County of Hawaii (one <br /> of the parties involved in the "Rosehill Cases" in 3CCV-21-0000178) filed a <br /> pleading in SCAP-22-0000371 (Dkt. 3) and argued that this Court did not have <br /> subject matter jurisdiction over the cause in 3CCV-21-0000178 because the <br /> appellants in 3CCV-21-0000178 (the "Rosehill" parties) should have taken their <br /> appeal directly to the Hawaii Supreme Court instead of to this Court pursuant <br /> to Section 205-19, Hawaii Revised Statutes and that this Court's judgment in <br /> 3CCV-21-0000178 is therefore void. 8 <br /> 22. According to Kanahele and the Hawaii Supreme Court in <br /> Rosehill, this Court did not have subject matter jurisdiction over the "Rosehill <br /> Cases" in 3CCV-21-0000178 and, therefore, this Court's decision in 3CCV-21- <br /> 0000178 is void. The Hawaii Supreme Court also ruled in Rosehill that the <br /> State Land Use Commission's declaratory order is valid and binding and has <br /> On May 22, 2023, the State Land Use Commission questioned this <br /> Court' s subject matter jurisdiction to have heard the agency appeal in <br /> the "Rosehill Cases" based on the decision rendered by the Hawaii <br /> Supreme Court in In Re Kanahele, 152 Haw. 501, 510, 526 P.3d 478, 487 <br /> (2023) , decided on March 15, 2023 . (SOAP-22-0000371, Dkt. 5) . In <br /> Kanahele, the Hawaii Supreme Court held that agency appeals from a <br /> contested case held under Chapter 205, Hawaii Revised Statutes <br /> proceedings are to appealed directly to the Hawaii Supreme Court in <br /> accordance with Section 205-19 (a) , Hawaii Revised Statutes. <br /> s This Court assumes that the Appellees Planning Director and Board <br /> of Appeals, which are county agencies, agreed with the municipality <br /> (the "County of Hawaii") that this Court did not have subject matter <br /> jurisdiction over the "Rosehill Cases" in 3CCV-21-0000178. <br /> 8 <br />