HOU v. BOARD OF LAND AND NATURAL RESOURCES

No. SCAP-14-0000873.

363 P.3d 224 (2015)

136 Haw. 376

Mauna Kea Anaina HOU; Clarence Kukauakahi Ching; Flores-Case `Ohana; Deborah J. Ward; Paul K. Neves; and Kahea: The Hawaiian Environmental Alliance, a domestic non-profit corporation, Appellants-Appellants, v. BOARD OF LAND AND NATURAL RESOURCES, State Of Hawai`i; Department of Land and Natural Resources, State of Hawai`i; Suzanne D. Case, in her official capacity as Chair of the Board of Land and Natural Resources and Director of the Department of Land and Natural Resources; and University of Hawai`i at Hilo, Appellees-Appellees. Appellees-Appellees.

Supreme Court of Hawai`i.

December 2, 2015.


Attorney(s) appearing for the Case

Richard Naiwieha Wurdeman , for appellants.

Ian L. Sandison , Timothy J. Lui-Kwan , John P. Manaut , and Arsima A. Muller , Honolulu, for appellee University of Hawai`i at Hilo.

Douglas S. Chin , Honolulu, William J. Wynhoff , and Julie H. China , for appellees BLNR, DLNR, and Suzanne D. Case, in her official capacity as Chairperson of the Board.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ., with POLLACK, J., Concurring Separately, with Whom WILSON, J., Joins, and with Whom McKENNA, J., Joins as to Part IV.


This case requires us to determine whether the procedure followed by the Board of Land and Natural Resources (Board or BLNR) in issuing a permit to construct an observatory in a conservation district1 comported with due process.

Specifically, the University of Hawai`i...

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