Citizens for the Protection of the North Kohala Coastline Ex Rel. Withington v. County of Hawai'i

979 P.2d 1120, 91 Haw. 94, 1999 Haw. LEXIS 259
CourtHawaii Supreme Court
DecidedJuly 13, 1999
Docket20723
StatusPublished
Cited by72 cases

This text of 979 P.2d 1120 (Citizens for the Protection of the North Kohala Coastline Ex Rel. Withington v. County of Hawai'i) 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
Citizens for the Protection of the North Kohala Coastline Ex Rel. Withington v. County of Hawai'i, 979 P.2d 1120, 91 Haw. 94, 1999 Haw. LEXIS 259 (haw 1999).

Opinion

Opinion of the Court by

KLEIN, J.

Plaintiff-appellant/cross-appellees Citizens for Protection of the North Kohala Coastline (Citizens) and defendant-intervenor-appel-lee/eross-appellant Chalón International of Hawai'i, Inc. (Chalón) appeal the third circuit court’s March 17, 1997 order and April 28, 1997 judgment (1) denying Chalon’s August 30, 1996 motion to dismiss or in the alternative for summary judgment as to the issue of Citizens’ lack of standing, and (2) granting Chalon’s April 5,1995 motion to dismiss or in the alternative for summary judgment as to all counts of Citizens’ first amended complaint for declaratory judgment and injunc-tive relief filed on June 23, 1995 in favor of Chalón and defendants-appellees/cross-appel-lees County of Hawai'i (County) (collectively, “defendants”).

On appeal, Citizens argues that the circuit court erred in concluding that: (1) “it did not establish an injury in fact nor raise genuine issues of material fact relating to the existence of an injury in fact[;]” (2) as a matter of law, environmental review was not triggered by Hawai'i Revised Statutes (HRS) Chapter 343 (1993); (3) the County acted in accordance with the Hawai'i County Code (HCC) § 25-20(c)(4) (1983) in accepting and approving Chalon’s final environmental impact report (FEIR); and (4) the Hawai'i County Council properly approved Chalon’s boundary amendment because the land area was fifteen acres or less.

Chalón contends that the circuit court erred in ruling that Citizens met its legal burden as to the issue of standing and faded to apply the doctrines of res judicata and collateral estoppel to prohibit Citizens from relitigating the standing issue.

We hold that the circuit court did not err in ruling that: (1) Citizens had standing to invoke the court’s jurisdiction to seek declaratory and injunctive relief; (2) the County acted in accordance with HCC § 25-20(c)(4) in accepting and approving Chalon’s FEIR; and (3) the Hawai'i County Council properly approved Chalon’s boundary amendment because the land area was fifteen acres or less. However, we hold that environmental review was triggered by HRS chapter 343, insofar as Chalon’s Mahukona Lodge project (the Mahukona project) proposes the use of state land under HRS § 343-5(a)(l) (1993). 1 Ac *96 cordingly, we affirm in part and vacate in part the circuit court’s order and remand for proceedings consistent with this opinion.

I. BACKGROUND

In May 1991, Chalón filed an application with the Hawai'i County Planning Commission (HPC) for a Special Management Area (SMA) permit to build a hotel, residential subdivision, 18-hole golf course, tennis facilities, and other related site improvements and infrastructure. The proposed project is located adjacent to the Mahukona Harbor in North Kona on the island of Hawaii.

A public hearing on the SMA permit was scheduled for May 11, 1993. At the hearing, Toni Withington, in her capacity as chair of Citizens’ steering committee, formally requested that the HPC grant Citizens a contested case hearing on Chalon’s application. 2 The HPC thereafter ordered Citizens to submit additional information supporting its requests to participate in the contested case hearing. After receiving the information and hearing public testimony, the HPC denied Citizens’ contested case request and approved Chalon’s SMA permit.

Thereafter, Citizens sought review in the circuit court of the HPC’s decisions denying its contested case request and the issuance of Chalon’s SMA permit. The circuit court, exercising its review powers pursuant to HRS § 91-14(a) (1993), affirmed the HPC’s decision to deny Citizens its request to participate in a contested case hearing and further affirmed the HPC’s approval of Chalon’s SMA permit request. Following the circuit court’s entry of judgment on May 17, 1995, Citizens appealed to this court (No. 19051). In No. 19051, we filed a summary disposition order on June 16, 1997, affirming the circuit court’s notice and judgment filed on May 17, 1995 in Chalon’s favor.

Simultaneously with its appeal of the agency decision, Citizens filed a complaint on July 15, 1993 and an amended complaint on June 23, 1995 for declaratory and injunctive relief against the County, alleging that:

(1) “The County Planning Department Wrongfully Failed to Require Preparation of an Environmental Impact Statement by Developer Chalón” (Count I);
(2) “Enactment of Hawaii Ordinances Nos. 93-109 and 93-113 was in violation of Chapter 343, HRS” (Count II);
(3) “The County Wrongfully Failed to Allow for Proper State Land Use Review as Required by Chapter 205, HRS” (Count III);
(4) “Enactment of County of Hawaii Ordinances Nos. 93-109 and 93-113 was in violation of § 3-15 of the Charter of the County of Hawaii in that neither of these Ordinances nor the land use district boundary amendment which they purported to ratify or approve conformed to the General Plan of the County of Hawaii” (Count IV); and
(5) “Enactment of County of Hawaii Ordinances Nos. 93-109 and 93-113 was *97 ultra vires and in violation of Chapter 205, HRS” (Count V).

Citizens further stated that “[t]he purpose of this suit is to invalidate the process by which the County of Hawai'i granted a Special Management Area Permit, application no. 91-3 (“SMA permit”) for approximately 387 acres at Mahukona, North Kohala, and declare SMA Permit, application no 91-3, of the County of Hawai'i null and void.”

Pursuant to a stipulation for intervention, Chalón was allowed to intervene in the action. Thereafter, on April 5, 1995, Chalón filed a motion to dismiss as to all counts of Citizens’ complaint for declaratory judgment and injunctive relief. The County later joined the motion on April 7, 1995. Essentially, defendants argued that the “statutes cited by [Citizens] in [its] complaint d[id] not confer jurisdiction on [the] court” or, in the alternative, defendants were entitled to judgment as a matter of law.

A hearing was held on the motion on May 15, 1995, wherein the circuit court granted Chalon’s motion to dismiss or in the alternative summary judgment. The circuit court filed its decision and order on July 6, 1995, ruling that: (1) Citizens lacked standing to assert its claim for relief; (2) as a matter of law, the project did not require environmental review triggered by HRS Chapter 343; and (3) the County properly granted the district boundary amendment relating to the project.

On July 17, 1995, Citizens filed a motion for reconsideration of the circuit court’s decision and order, requesting the court consider Public Access Shoreline Hawai'i v. Hawai'i County Planning Commission, 79 Hawai'i 425, 903 P.2d 1246 (1995), on the issue of standing.

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Bluebook (online)
979 P.2d 1120, 91 Haw. 94, 1999 Haw. LEXIS 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-for-the-protection-of-the-north-kohala-coastline-ex-rel-haw-1999.