Mahuiki V. Planning Commission And Planning Department Of County Of Kauai And Alex Ferreira
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Publisher Description
Several Kauai landowners and residents appeal from a dismissal of their request for judicial review of the County of Kauai Planning Commission's approval of Dr. Alex Ferreira's applications for permits to develop a parcel of land in Haena, Kauai, including a special management area use permit required under the Coastal Zone Management Act, HRS Chapter 205A (CZMA or the Act). The dispositive questions are related to the appellants' standing to seek review of the administrative action and the administrative agency's compliance with the CZMA and the rules and regulations issued in furtherance of the Act. Since at least two of the appellants possessed the requisite standing, and the agency disregarded statutory mandates in issuing the use permit, we reverse the circuit court and remand the case for proceedings consistent with this opinion.