Thursday, March 28, 2024
Hawai'i Free Press

Current Articles | Archives

Thursday, January 8, 2015
Hawaii Supreme Court to Review Haleakala Telescope Case
By Robert Thomas @ 9:35 PM :: 8381 Views :: Environment, Higher Education, Judiciary, Land Use

Star Trek (Or Not)? - HAWSCT To Review Haleakala Telescope Case

by Robert Thomas, InverseCondemnation, January 8, 2015

As we guessed it might, the Hawaii Supreme Court yesterday accepted certiorari and agreed to review the Intermediate Court of Appeals' decision in Kilakila O Haleakala v. University of Hawaii, No. CAAP-13-0000182 (June 9, 2014).

That's the case challenging the University of Hawaii's plans for a new high-tech telescope up on the top of Maui's Haleakala. After a contested case, the ICA concluded the State Board of Natural Resources correctly issued a Conservation District Use permit allowing the University's telescope project to go forward.

The earlier (and now resolved case) was decided in 2013 by the Hawaii Supreme Court, which held that an appeal to a trial court under the Administrative Procedures Act lies from an agency's decision to grant a use permit even though it did not hold a contested case, if it has not resolved a third-party's demand for a contested case. The court also heard arguments last month in the related case which challenges the telescope project under Hawaii's EIS statute, chapter 343. There, the ICA concluded that the BLNR correctly determined that the telescope's Management Plan would not have a significant impact on the environment, which allowed the BLNR to issue a permit for the development in the state Conservation District. The ICA rejected the argument that the Superferry decision required the agency to consider the secondary impacts of the project, concluding that the difference between this case and Superferry was that here, the underlying telescope project did undertake an EIS and a cultural impact statement. More background on the case and issues here.

The Questions Presented in the latest cert application are too lengthy for us to reprint here (see pages 1-2 for the list of 13 -- count 'em, 13 -- QP's). That represents more than one issue per page!. But here's the short version: the BLNR should not have allowed the telescope project to go forward, because land use law, admin law, environmental law, etc. etc. Take your pick.

The Supreme Court's order accepting cert didn't narrow the issues down, so we presume that all 13 QP's are up for consideration. The case thus represents a target-rich environment for the petitioners and the court. Should make for interesting arguments, for sure. 

Here are the briefs on the cert application for your review:

Under Hawaii's appellate process, no further briefs will be submitted unless the Supreme Court asks for more (which it has not, at least not yet). We'll keep you posted as the case progresses.

---30---

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT