Sandy Beach Defense Fund v. City Council

773 P.2d 250, 70 Haw. 361, 1989 Haw. LEXIS 23
CourtHawaii Supreme Court
DecidedApril 18, 1989
DocketNO. 12879
StatusPublished
Cited by112 cases

This text of 773 P.2d 250 (Sandy Beach Defense Fund v. City Council) 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
Sandy Beach Defense Fund v. City Council, 773 P.2d 250, 70 Haw. 361, 1989 Haw. LEXIS 23 (haw 1989).

Opinions

[364]*364OPINION OF THE COURT BY

LUM, C.J.

This appeal involves a challenge to the validity of the procedures employed by Appellee, the City and County of Honolulu (County) when acting upon applications for Special Management Area (SMA) use permits pursuant to the Coastal Zone Management Act (CZMA), Hawaii Revised Statutes (HRS), Chapter 205A. Appellants, residents and community groups, challenge the County’s issuance of an SMA use permit to Appellee Kaiser Development Co. (Kaiser). They contend that the Honolulu City Council was required to hold a “contested case”1 hearing pursuant to the Hawaii Administrative Procedures Act (HAPA), HRS Chapter 91, when it issued the permit, and that the Council’s failure to do so violated the CZMA and deprived Appellants of their constitutional rights to due process and equal protection. The court below dismissed the case, finding no constitutional violation and ruling that the CZMA does not require a legislative body, otherwise exempt from HAPA, to conduct “contested case” hearings in issuing SMA use permits. We agree and therefore affirm the judgment of the court below.

I.

This case arises from the issuance of an SMA use permit to Kaiser by the Honolulu City Council. Kaiser sought to develop approximately 200 single-family homes in the vicinity of Sandy Beach Park on Oahu. Because a portion of the project was located within the boundaries of the “Special Management Area” (SMA)2 established by the County pur[365]*365suantto the CZMA, Kaiser was required to obtain an SMA use permit. HRS § 205A-28.

Because this appeal involves a challenge to the procedures adopted by the County pursuant to the CZMA for administering the “Special Management Area” on Oahu, we turn first to a brief examination of the regulatory scheme before discussing the facts particular to the permit issued in this case.

A.

The CZMA imposes special controls on the development of real property along shoreline areas in order “to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii.” HRS§205A-21. Chapter 205A designates the counties as the “authority” to administer the permit system and requires the counties to adopt procedures for issuing permits. HRS §§205A-22(2),-29. The Honolulu City Council designated itself as the “authority” for the City and County of Honolulu unlike the other counties of Maui, Kauai, and Hawaii which delegated this function to their respective county planning commissions. See HRS § 205A-22(2).

The Honolulu City Council processes permit applications under procedures set forth in Revised Ordinances of Honolulu (Revised Ordinances), Chapter 33. Pursuant to this ordinance, initial processing of such applications is delegated to the Department of Land Utilization (DLU). DLU holds a public hearing on the application, and transmits its findings and recommendations to the City Council. Revised Ordinances § 33-5.3, -5.4. The Council generally refers SMA use permit applications to its Committees on Planning and Zoning which make a recommendation to the Council as a whole. The Council grants, denies, or conditions the permit by resolution. Revised Ordinances § 33-5.5.

In processing permit applications, DLU and the Council are guided by the policies, objectives, and guidelines of the CZMA.3 HRS § 205A-26. The “authority” must make findings that the proposed [366]*366development (a) will not have any substantial adverse environmental or ecological effects; (b) is consistent with the objectives, policies, and guidelines of Chapter 205A; and (c) is consistent with the county general plan and zoning. HRS § 205A-26(2).

B.

In the instant case, the County accepted Kaiser’s application for a permit on February 3,1986. On April 1,1986, DLU held a public hearing which was attended by twelve persons. Subsequently, the agency transmitted its findings and recommendation of approval to the Council, which referred the application to its Planning and Zoning Committee for consideration. During the following year, the Council as a whole or in committee publicly reviewed and discussed the application at least ten times.

In response to growing concerns over the potential impact of the proposed development, the Council held a public hearing on April 1,1987, at which over 80 persons offered written and oral testimony both for and against the project. Those testifying expressed concerns regarding the development’s impact on coastal views, preservation of open space, traffic, potential flooding, and sewage treatment. Several of the Appellants testified at the public hearings. Appellants include individuals and organizations whose members reside in the area or use the shoreline and open space resources near the proposed development.

The published notice advertising the hearing stated that speakers would be limited to a three minute presentation; however, many persons testifying, including Appellants, were allowed to speak at length. At the close of the April 1,1987 hearing, the Council deferred action on Kaiser’s application to allow consideration of the extensive testimony received and to permit the preparation of findings. Further public testimony was permitted at the City Council meeting held on April 15, 1987, at which time the Council adopted Resolution No. 87-65 granting the permit and made extensive findings of fact.

[367]*367On May 12, 1987, Appellants filed two nearly identical lawsuits in the circuit court challenging the issuance of the permit: (1) an administrative appeal pursuant to HRS § 91 — 14(g) which provides for judicial review of agency decisions in “contested cases”; and (2) an action under HRS § 205A-6, which accords a person aggrieved by a county agency’s failure to comply with the CZMA a right thereunder to initiate a civil action against the non-complying agency.4 Appellants claimed in both actions that their personal, economic, and aesthetic interests would be injured and adversely affected by the project. Appellant Elizabeth Matthews, who resides in the closest proximity to the proposed development, directly across a golf course from the development, claimed the project would affect her view of the ocean and decrease the value of her properly. Both suits further alleged that the failure of the City Council to hold “contested case” hearings in SMA use permit proceedings violated HRS § 205A-29

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ka Malu O Kahālāwai v. Board of Land and Natural Resources
Hawaii Intermediate Court of Appeals, 2025
Ralston v. Board of Land and Natural Resources
Hawaii Intermediate Court of Appeals, 2025
Rigotti v. Planning Department of the County of Kauai
557 P.3d 910 (Hawaii Intermediate Court of Appeals, 2024)
Cannon v. Dodd
546 P.3d 1225 (Hawaii Intermediate Court of Appeals, 2024)
Davis v. Bissen, JR.
Hawaii Supreme Court, 2024
AOAO Queen Emma Gardens v. Ma
153 Haw. 430 (Hawaii Intermediate Court of Appeals, 2023)
Martins v. Keamoai
528 P.3d 256 (Hawaii Intermediate Court of Appeals, 2023)
In re: J.H.
152 Haw. 373 (Hawaii Supreme Court, 2023)
Alexander & Baldwin , LLC v. Armitage.
508 P.3d 832 (Hawaii Supreme Court, 2022)
Department of Public Safety v. Naumu
150 Haw. 465 (Hawaii Intermediate Court of Appeals, 2022)

Cite This Page — Counsel Stack

Bluebook (online)
773 P.2d 250, 70 Haw. 361, 1989 Haw. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sandy-beach-defense-fund-v-city-council-haw-1989.