Aha Hui Malama O Kaniakapupu v. Land Use Commission

139 P.3d 712, 111 Haw. 124, 2006 Haw. LEXIS 405
CourtHawaii Supreme Court
DecidedJuly 24, 2006
DocketNo. 26984
StatusPublished
Cited by23 cases

This text of 139 P.3d 712 (Aha Hui Malama O Kaniakapupu v. Land Use Commission) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aha Hui Malama O Kaniakapupu v. Land Use Commission, 139 P.3d 712, 111 Haw. 124, 2006 Haw. LEXIS 405 (haw 2006).

Opinions

Opinion of the Court by

MOON, C.J.

In this secondary appeal, appellant-appellant Aha Hui Malama 0 Kaniakapupu (the Hui) appeals from the Circuit Court of the First Circuit’s November 5, 2004 judgment1 in favor of appellees-appellees State of Hawaii (State) Land Use Commission (LUC), Elizabeth Midldff Myers fka Elizabeth M. Morris (Myers), Robert R. Midkiff, Joanne H. Shigekane as trustee of the Joanne H. Shigekane Revocable Living Trust, and State Office of Planning [hereinafter, collectively, Appellees]. Therein, the circuit court dismissed the Hui’s agency appeal from the LUC’s March 25, 2004 order that denied the Hui’s motion for an order to show cause, based on lack of subject matter jurisdiction. In upholding the LUC’s determination, the circuit court concluded that, inasmuch as Hawaii Revised Statutes (HRS) § 91-14(a) (1993), quoted infra, requires that a contested ease occur before appellate jurisdiction may be exercised and a contested case hearing did not occur in the instant case, the Hui could not seek judicial review of the LUC’s decision.

On appeal, the Hui essentially claims that the circuit court erred in dismissing its agency appeal for lack of subject matter jurisdiction. For the reasons discussed below, we hold that the Hui’s contention lacks merit inasmuch as a contested case hearing did not occur in the instant case, thereby precluding judicial review pursuant to HRS § 91-14(a). Accordingly, we affirm the circuit court’s November 5, 2004 judgment.

I. BACKGROUND

A. Factual Background

On February 1, 1989, the Henry H. Shi-gekane Revocable Living Trust and the Joanne H. Shigekane Revocable Living Trust [126]*126[hereinafter, collectively, the Shigekanes], Midldff, and Myers petitioned the LUC to amend the land use district boundary for approximately 9.917 acres situated in an area known as Nu'uanu, in Honolulu, Hawai'i (the 1989 boundary amendment petition). The Shigekanes, Midkiff, and Myers sought to amend the land use district boundary from “Conservation Land Use District Boundary” (conservation district) to “Urban Land Use District Boundary” (urban district). The approximately 9.917 acres consist of two adjoining homesteads assigned tax map key (TMK) numbers: (1) 2-2-55:02; and (2) 2-2-55:04. TMK #2-2-55:02 is owned by the Shigek-anes and their family (the Shigekane Parcel).2 Midldff and Myers, who are brother and sister, each hold an undivided one-half interest in TMK # 2-2-55:04 (the Mid-kiff/Myers Parcel) [hereinafter, the Shigek-ane Parcel and the Midkiff/Myers Parcel are collectively referred to as the Property]. The Shigekane Parcel consists of approximately 5.104 acres, and the Midkiff/Myers Parcel consists of the remaining 4.813 acres.

Reclassification of the Property was sought to enable the Shigekanes, Midldff, and Myers “to subdivide the Property, construct both replacement and new houses on the Property, and make such other repair and improvements of the existing units in a manner ordinarily and customarily allowed for urban residential uses and thereby provide house lots or homes for their children.” The LUC conducted a hearing on the 1989 boundary amendment petition on July 27, and 28,1989.

On November 9, 1989, the LUC entered its findings of fact (POFs), conclusions of law (COLs), decision, and order, approving the reclassification of the Property from conservation district to urban district (the November 1989 order). The LUC found that,

[i]n order to provide reasonable assurance to the [LUC] that the proposed development is a family enterprise to provide housing for the family members and not a commercial enterprise for speculation, [the Shigekanes, Midldff, and Myers] have represented that they are willing to be subjected to a condition that members of the famil[ies] of [the Shigekanes, Midkiff, and Myers], respectively, would have a right of first refusal to purchase if any interest in the Property were sought to be sold.

Indeed, the LUC imposed the following relevant conditions on Midkiff and Myers:

4. That [Midkiff and Myers] shall agree to a covenant, said covenant to run with the land add in a form agreeable to the Office of State Planning that, with respect to the Midkiff/Myers [P]arcel (TMK: 2-2-55:04), for a period of 20 years after the date of this [o]rder, if [Midkiff] or [Myers] desires to sell or convey all or portions of their ownership interest in said parcel, he or she shall first offer such interest each to the other or in the alternate convey such interest to any of his or her children, as the case may be; and if any of the children so acquiring said interest desires to sell or convey all or portion[s] of their interest in said parcel, they shall first offer such interest in the parcel to their siblings and/or [Midldff] and [Myers], as the case may be, however, provided that the holder of interest in the Midkiff/Myers [P]arcel may mortgage the interest at any time.13]
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8. [The Shigekanes, Midldff, and Myers] shall develop the Property in substantial compliance with representations made to the [LUC] in obtaining the reclassification of the Property.

(Emphasis added.)

Sometime in 2000—approximately eleven years after the November 1989 order—the Hui was formed in order to “care for and serve as a steward of Kaniakapupu, the historic ruins of the royal summer cottage of Kamehameha III.” Kaniakapupu is located on property owned by the State that shares a common boundary with, and is situated ap[127]*127proximately 200 to 300 feet from, the Mid-kiñ/Myers Parcel.

On August 21, 2002, Myers listed 2.32 acres of the Midkift/Myers Parcel for sale to the public with the Multiple Listing Service (MLS) for $12,000,000. On January 20, 2003, Myers listed an additional 20,001 square feet of the Midkift/Myers Parcel for sale to the public with the MLS.

B. Procedural History

1. The LUC Proceeding

On April 21, 2003, the Hui filed a “Motion for an Order to Show Cause Regarding Enforcement of Conditions, Representations, or Commitments” (motion for an order to show cause) pursuant to Hawai'i Administrative Rules (HAR) §§ 15-15-704 and 15-15-93.5 The Hui sought to have the LUC issue an order to show cause as to why the classification of the Midkiff/Myers Parcel should not be reverted to conservation district. Generally, the Hui contended that Myers failed to perform her representations and commitments and the conditions of the November 1989 order by listing portions of the Mid-kiff/Myers Parcel for sale to the public with the MLS. The Hui apparently believed that Myers violated Condition No. 4 of the November 1989 order.

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Cite This Page — Counsel Stack

Bluebook (online)
139 P.3d 712, 111 Haw. 124, 2006 Haw. LEXIS 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aha-hui-malama-o-kaniakapupu-v-land-use-commission-haw-2006.