Laserfiche WebLink
agency is undefined and"unclear," and depends on incalculable subjective determinations. See <br /> Connections New Century Pub. Charter Sch. v. Windward Plan. Comm'n, 146 Haw. 155, 156, <br /> 456 P.3d 1002, 1003 (Ct. App. 2020) ("How much `community concern,' however calculated, is <br /> required before a special permit is found to be contrary to the general plan is unclear and is ripe <br /> for arbitrary and capricious abuse.") (emphasis added). DPW's complete file will help I`o <br /> Processing and the Board determine whether DPW acted arbitrarily and capriciously. <br /> First, DPW's policies/procedures, or lack thereof, is relevant to whether DPW made a <br /> "determination . . . without consideration of. . . fixed rules, or procedures." See Black's Law <br /> Dictionary (12th ed. 2024). In January 2023, DPW admitted that it"was currently revising <br /> policies and procedures regarding the declarations" and the inspector had"a few issues [he] <br /> require [sic] department acknowledgement/clarification." This either means that DPW did not <br /> have a policy or procedure applicable to agricultural exemptions, or that DPW was changing an <br /> existing policy/procedure specifically in response to I`o Processing's request for an exemption. <br /> The details on the policies/procedures, and any amendments to the same, will reveal whether <br /> DPW applied HRS § 46-88 using fixed, objective standards, or using never-before-applied, <br /> subjective standards developed specially for I`o Processing -- of the type that Hawai`i courts <br /> have recognized are "ripe for arbitrary and capricious abuse." See Connections New Century <br /> Pub. Charter Sch., 146 Haw. at 156, 456 P.3d at 1003. <br /> Second, DPW's decisions on other agricultural exemptions within a 2 year period(the 2- <br /> year period during which they were considering I`o Processing's request)will allow I`o <br /> Processing to assess whether DPW actually applied consistent standards to I`o Processing's <br /> request for an agricultural exemption. If DPW granted agricultural exemptions to other <br /> applicants that were similarly situated to I`o Processing, while denying an exemption to I`o <br /> 12 <br /> 4871-5206-8494.1.071717-00001 <br />