NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 15-DEC-2025 07:49 AM Dkt. 53 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
COCONUT PLANTATION BEACH INVESTORS, LLC, Appellant-Appellee, v. ADAM ROVERSI, in his capacity as Director of the Kauai County Housing Agency; KAUAI COUNTY HOUSING AGENCY, Appellees-Appellants,
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CCV-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER (By: Nakasone, Chief Judge, Wadsworth and Guidry, JJ.)
Appellees-Appellants Adam Roversi and the Kauaʻi County
Housing Agency (collectively, the Housing Agency) appeal from
the Circuit Court of the Fifth Circuit's (circuit court) (1)
"Appellant[-Appellee] Coconut Plantation Beach Investors, LLC's
[(CPBI)] Findings of Fact, Conclusions of Law, and Decision and
Order" (Order), filed on September 15, 2023, and (2) "Final
Judgment," filed on October 5, 2023. 1
1 The Honorable Kathleen N.A. Watanabe presided. NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
CPBI is the current owner of a project development on
Kauaʻi (the Project). On January 24, 2007, the Kauaʻi County
Planning Commission issued a Special Management Area Use Permit
SMA(U)-2006-5 (SMA), Project Development Use Permit PDU-2006-7,
and a Class IV Zoning Permit Z-IV-2006-10 (collectively, the
Permits) to the Project's former owner. 2 It is undisputed that
the Kauaʻi County Code (KCC) did not impose a "workforce housing"
requirement at the time the Permits were issued. 3
Kauaʻi County adopted KCC chapter 7A on December 10,
2007. Chapter 7A made workforce housing an exaction under
certain circumstances. Despite the Project receiving the
Permits prior to the adoption of KCC chapter 7A, in July 2022,
the Housing Agency determined that "as a project requiring
building permits," the Project "must satisfy [chapter 7A]
workforce housing requirements." CPBI appealed, and the Housing
Agency upheld its initial decision. CPBI then appealed the
Housing Agency's decision to the circuit court, and the circuit
2 CPBI acquired the Project after the Permits were issued. The Project's start date was delayed due to litigation, and Kauaʻi County waived the two-year deadline for the Project's SMA permit and acknowledged that the five-year construction period requirement in the Permits would not start until building permits are obtained. The record reflects that, as of the date of the circuit court's Order, construction had not yet commenced on the Project, and that neither the previous owners nor CPBI have pulled building permits for the Project.
3 The record reflects that, although there was no workforce housing requirement when the Permits were issued, Condition No. 18 of the Permits specifies that the Project developer will provide employee housing for no fewer than three employees.
2 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
court entered its Order and Final Judgment vacating the Housing
Agency's decision.
This secondary appeal followed. The Housing Agency
raises four points of error, contending that the circuit court
erred when it ruled that: (1) "the [Housing Agency's] workforce
housing requirement violated KCC § 7A-1.5"; (2) "[KCC] [c]hapter
7A was not intended to be applied to projects that had
previously obtained zoning permits"; (3) "the Deputy Planning
Director had authority to waive [KCC] [c]hapter 7A workforce
housing requirements for the [P]roject"; and (4) "the Housing
Agency was estopped from assessing a workforce housing
requirement."
We review secondary appeals de novo, and apply the
standards set forth in Hawaii Revised Statutes (HRS) § 91-14(g)
(2012 & Supp. 2016) to determine whether the circuit court's
determinations were right or wrong. Flores v. Bd. of Land &
Nat. Res., 143 Hawaiʻi 114, 120, 424 P.3d 469, 475 (2018)
(citations omitted).
HRS § 91-14, entitled "Judicial review of contested
cases," provides in relevant part:
(g) Upon review of the record, the court may affirm the decision of the agency or remand the case with instructions for further proceedings; or it may reverse or modify the decision and order if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:
(1) In violation of constitutional or statutory provisions;
3 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
(2) In excess of the statutory authority or jurisdiction of the agency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
HRS § 91-14(g).
"Under HRS § 91-14(g), an agency's conclusions of law
are reviewable under subsections (1), (2), and (4); questions
regarding procedural defects under subsection (3); findings of
fact under subsection (5); and an agency's exercise of
discretion under subsection (6)." United Pub. Workers, AFSCME,
Loc. 646 v. Hanneman, 106 Hawaiʻi 359, 363, 105 P.3d 236, 240
(2005) (cleaned up).
Upon careful review of the record, briefs, and
relevant legal authorities, and having given due consideration
to the arguments advanced and the issues raised by the parties,
we first address the Housing Agency's contention that the
Project is subject to KCC chapter 7A.
"When interpreting a municipal ordinance, we apply the
same rules of construction that we apply to statutes." West
Maui Resort Partners LP v. Cnty. of Maui, 154 Hawaiʻi 121, 131,
547 P.3d 454, 464 (2024) (quoting Ocean Resort Villas Vacation
Owners Ass'n v. Cnty. of Maui, 147 Hawaiʻi 544, 553, 465 P.3d
4 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
991, 1000 (2020)). "[W]here the statutory language is plain and
unambiguous, our sole duty is to give effect to its plain and
obvious meaning." Id. at 132, 547 P.3d at 465. Moreover, this
language "must be read in the context of the entire ordinance
and construed in a manner consistent with the purposes of the
ordinance." Save Diamond Head Waters LLC v. Hans Hedemann Surf,
Inc., 121 Hawaiʻi 16, 25, 211 P.3d 74, 83 (2009) (citation
omitted).
KCC chapter 7A provides that the workforce housing
requirement applies to, as relevant here:
(c) Projects with other approvals granted by the County administration, including:
. . . .
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NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 15-DEC-2025 07:49 AM Dkt. 53 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
COCONUT PLANTATION BEACH INVESTORS, LLC, Appellant-Appellee, v. ADAM ROVERSI, in his capacity as Director of the Kauai County Housing Agency; KAUAI COUNTY HOUSING AGENCY, Appellees-Appellants,
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CCV-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER (By: Nakasone, Chief Judge, Wadsworth and Guidry, JJ.)
Appellees-Appellants Adam Roversi and the Kauaʻi County
Housing Agency (collectively, the Housing Agency) appeal from
the Circuit Court of the Fifth Circuit's (circuit court) (1)
"Appellant[-Appellee] Coconut Plantation Beach Investors, LLC's
[(CPBI)] Findings of Fact, Conclusions of Law, and Decision and
Order" (Order), filed on September 15, 2023, and (2) "Final
Judgment," filed on October 5, 2023. 1
1 The Honorable Kathleen N.A. Watanabe presided. NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
CPBI is the current owner of a project development on
Kauaʻi (the Project). On January 24, 2007, the Kauaʻi County
Planning Commission issued a Special Management Area Use Permit
SMA(U)-2006-5 (SMA), Project Development Use Permit PDU-2006-7,
and a Class IV Zoning Permit Z-IV-2006-10 (collectively, the
Permits) to the Project's former owner. 2 It is undisputed that
the Kauaʻi County Code (KCC) did not impose a "workforce housing"
requirement at the time the Permits were issued. 3
Kauaʻi County adopted KCC chapter 7A on December 10,
2007. Chapter 7A made workforce housing an exaction under
certain circumstances. Despite the Project receiving the
Permits prior to the adoption of KCC chapter 7A, in July 2022,
the Housing Agency determined that "as a project requiring
building permits," the Project "must satisfy [chapter 7A]
workforce housing requirements." CPBI appealed, and the Housing
Agency upheld its initial decision. CPBI then appealed the
Housing Agency's decision to the circuit court, and the circuit
2 CPBI acquired the Project after the Permits were issued. The Project's start date was delayed due to litigation, and Kauaʻi County waived the two-year deadline for the Project's SMA permit and acknowledged that the five-year construction period requirement in the Permits would not start until building permits are obtained. The record reflects that, as of the date of the circuit court's Order, construction had not yet commenced on the Project, and that neither the previous owners nor CPBI have pulled building permits for the Project.
3 The record reflects that, although there was no workforce housing requirement when the Permits were issued, Condition No. 18 of the Permits specifies that the Project developer will provide employee housing for no fewer than three employees.
2 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
court entered its Order and Final Judgment vacating the Housing
Agency's decision.
This secondary appeal followed. The Housing Agency
raises four points of error, contending that the circuit court
erred when it ruled that: (1) "the [Housing Agency's] workforce
housing requirement violated KCC § 7A-1.5"; (2) "[KCC] [c]hapter
7A was not intended to be applied to projects that had
previously obtained zoning permits"; (3) "the Deputy Planning
Director had authority to waive [KCC] [c]hapter 7A workforce
housing requirements for the [P]roject"; and (4) "the Housing
Agency was estopped from assessing a workforce housing
requirement."
We review secondary appeals de novo, and apply the
standards set forth in Hawaii Revised Statutes (HRS) § 91-14(g)
(2012 & Supp. 2016) to determine whether the circuit court's
determinations were right or wrong. Flores v. Bd. of Land &
Nat. Res., 143 Hawaiʻi 114, 120, 424 P.3d 469, 475 (2018)
(citations omitted).
HRS § 91-14, entitled "Judicial review of contested
cases," provides in relevant part:
(g) Upon review of the record, the court may affirm the decision of the agency or remand the case with instructions for further proceedings; or it may reverse or modify the decision and order if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:
(1) In violation of constitutional or statutory provisions;
3 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
(2) In excess of the statutory authority or jurisdiction of the agency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
HRS § 91-14(g).
"Under HRS § 91-14(g), an agency's conclusions of law
are reviewable under subsections (1), (2), and (4); questions
regarding procedural defects under subsection (3); findings of
fact under subsection (5); and an agency's exercise of
discretion under subsection (6)." United Pub. Workers, AFSCME,
Loc. 646 v. Hanneman, 106 Hawaiʻi 359, 363, 105 P.3d 236, 240
(2005) (cleaned up).
Upon careful review of the record, briefs, and
relevant legal authorities, and having given due consideration
to the arguments advanced and the issues raised by the parties,
we first address the Housing Agency's contention that the
Project is subject to KCC chapter 7A.
"When interpreting a municipal ordinance, we apply the
same rules of construction that we apply to statutes." West
Maui Resort Partners LP v. Cnty. of Maui, 154 Hawaiʻi 121, 131,
547 P.3d 454, 464 (2024) (quoting Ocean Resort Villas Vacation
Owners Ass'n v. Cnty. of Maui, 147 Hawaiʻi 544, 553, 465 P.3d
4 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
991, 1000 (2020)). "[W]here the statutory language is plain and
unambiguous, our sole duty is to give effect to its plain and
obvious meaning." Id. at 132, 547 P.3d at 465. Moreover, this
language "must be read in the context of the entire ordinance
and construed in a manner consistent with the purposes of the
ordinance." Save Diamond Head Waters LLC v. Hans Hedemann Surf,
Inc., 121 Hawaiʻi 16, 25, 211 P.3d 74, 83 (2009) (citation
omitted).
KCC chapter 7A provides that the workforce housing
requirement applies to, as relevant here:
(c) Projects with other approvals granted by the County administration, including:
. . . .
(2) Zoning or building permits for the development or redevelopment of land or buildings on a lot of record in any residential, resort, or commercial district for the construction of or conversion into more than 10 residential dwelling units or time share units, or more than 20 hotel rooms.
KCC § 7A-1.4.1(c)(2) (emphasis added).
KCC § 7A-1.5 governs the time in which the Housing
Agency must make a workforce housing assessment, and instructs
that,
(a) The workforce housing assessment for any project subject to this Chapter shall be resolved with the Housing Agency prior to final subdivision approval or zoning permit approval, whichever occurs first, or if neither is applicable to the project, prior to building permit application.
(b) The workforce housing assessment for any project subject to this Chapter shall be assessed once per project, except that an additional workforce housing assessment may be applicable to a project, after initial assessment, when
5 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
increased residential or resort density is subsequently granted by the County.
KCC § 7A-1.5(a), (b) (emphasis added).
Pursuant to its plain language, KCC § 7A-1.5(a)
instructs that the Housing Agency shall "resolve[]" a workforce
housing assessment for "any project subject to this Chapter
. . . prior to final subdivision approval or zoning permit
approval, whichever occurs first." The record reflects that the
Project was granted final zoning permit approval in January
2007. Thus, the Housing Agency's deadline for resolving a
workforce housing assessment had expired in January 2007, which
was prior to the adoption of KCC chapter 7A in December 2007.
There is nothing in the language of KCC chapter 7A
that indicates the drafters' intent that the provisions
governing workforce housing assessments should have
retrospective application. We therefore conclude that the
circuit court was not wrong in determining that KCC chapter 7A's
workforce housing requirement does not apply to the Project.
See In re Medeiros Testamentary Tr. & Life Ins. Tr., 105 Hawaiʻi
284, 293, 96 P.3d 1098, 1107 (2004) ("The common law rule
disfavors retroactive application of laws. This rule is
codified in HRS § 1-3 (1993), which provides that '[n]o law has
any retrospective operation, unless otherwise expressed or
obviously intended.'") (citation omitted). In light of this
6 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
conclusion, we need not reach the Housing Agency's remaining
points of error.
For the foregoing reasons, we affirm the Order and
Final Judgment.
DATED: Honolulu, Hawaiʻi, December 15, 2025.
On the briefs: /s/ Karen T. Nakasone Chief Judge Charles A. Foster, Deputy County Attorney, /s/ Clyde J. Wadsworth County of Kauaʻi Associate Judge for Appellees-Appellants. /s/ Kimberly T. Guidry Leila M. Rothwell, Associate Judge for Appellant-Appellee.