Real Estate & Property Law

HAWSCT Agrees To Review Case About Planning Director's Authority And Nonconforming Uses

By Robert Thomas (inversecondemnation.com)

The Hawaii Supreme Court has accepted an application for writ of certiorari to review the Intermediate Court of Appeals' decision in Save Diamond Head Waters LLC v. Hans Hedemann Surf, Inc., No. 27804 (Haw. ICA Dec. 19, 2008). 

In that case, the ICA held that Honolulu's Director of Planning and Permitting has the express power under state law and the Department's rules to issue declaratory rulings.  Slip op. at 12-13.  The court also held the Director correctly determined the surf school was a nonconforming use. Finally, the court held the Director has the authority to make the determination that if the school's use of its property exceeded the use associated with legal nonconforming use status, the Director had the authority to issue a declaratory ruling telling the school what uses would keep it within nonconforming status.

We summarized the ICA opinion here.

Full post as published by inversecondemnation on March 18, 2009 (boomark / email).