Wednesday, November 13, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, August 23, 2017
Kona DLNR Harassment: Judge Throws Case out on Technicality
By News Release @ 2:50 AM :: 6688 Views :: Hawaii County , Ethics, Small Business

PEAMAN RACE LAWSUIT AGAINST STATE DISMISSED

News Release from Office of Attorney General, August 22, 2017

HONOLULU – Attorney General Doug Chin announced that state circuit court Judge Melvin H. Fujino on August 15, 2017, granted the State of Hawaii’s motion to dismiss in Pagett v. DLNR.

Hawaii County resident Sean W. Pagett operates a series of races called the “Peaman Races” – events involving both running and swimming – in Kona. Pagett did not get a marine/ocean event permit from the Department of Land and Natural Resources (DLNR), Division of Boating and Ocean Recreation (DOBOR), which is legally required for certain swimming events. Pagett sued the State, seeking a declaratory judgment that DOBOR’s application of an administrative rule, HAR 13-244-19, to cover swimming events was invalid because DLNR was not authorized to promulgate rules governing swimming events. Judge Fujino dismissed the case because plaintiffs cannot file suit directly in the circuit court challenging the application of  a rule. Instead, the plaintiffs can only challenge the underlying validity of a rule, which the court held Pagett failed to do.

The State of Hawaii was represented internally by Deputy Attorney General David Day. Pagett was represented by attorney Jason Braswell.

A copy of the court’s order and judgment is attached.

# # #

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

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 Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii