Turns out you can fight city hall — and win!

by Keli'i Akina, Ph.D., President / CEO, Grassroot Institute of Hawaii

They say you can’t fight city hall. Well, Shahzaad Ausman just did — and he won!

More specifically, Ausman sued Hawai‘i County’s Board of Appeals and its former Department of Public Works director after finding himself in the strange position of owning a beach house in Milolii that he couldn’t live in or renovate.

As Ausman told my Grassroot Institute of Hawaii colleague Joe Kent in October 2024, he purchased the property in 2021 after doing his due diligence on the home’s original building permit from the 1980s and a renovation permit issued in 2020. He even spent nearly $140,000 on renovations through October 2022.

But then the DPW told Ausman his renovation permit had been revoked because the department had no proof that the home’s original building permit had ever been approved, and he would be fined if he tried to live there.

Basically, county officials said he would have to tear down his home and start over — though even that would be problematic thanks to the property’s location within the state Special Management Area.

Ausman tried to appeal the permit revocations, but the Board of Appeals sided with the DPW and ruled against him.

Undeterred, he took the board and the former DPW director to court, though he was warned that it would be difficult to prevail against a discretionary government decision.

What followed were two years of filings and arguments during which Ausman was effectively locked out of his own home.

Then, just over a week ago, Judge Wendy Deweese of Hawaii’s Third Circuit Court ruled in favor of Ausman, reversing the Board of Appeals decision. Judge Deweese wrote that revoking the 2020 renovation permit was “unjust and unreasonable in its consequences.”

Ausman told the Hawaii Tribune-Herald: “When I finally saw the decision and read it, I was in tears, just shaking in disbelief because this is potentially over. And I can go on with my life now and go on with my house now.”

Unfortunately, the ruling in Ausman’s case is limited to only his specific situation. However, it was still a great victory for everyone who has been frustrated by county permitting practices, especially permit cancellations. In fact, one of the reasons that Ausman wanted to share his story was to empower other homeowners to stand up against unfair practices.

“If the government can wrongfully revoke my permit, it can revoke many other permits. We must hold officials accountable and stand up for our rights,” he said.

That warning is especially relevant now that Honolulu’s Department of Planning and Permitting has announced plans to “purge” thousands of permit applications as it transitions to a new software system. The DPP says that only “old and idle” applications will be affected, but Ausman’s experience demonstrates that mistakes are possible and can have a profound impact on those affected.

To be sure, I wholly support adopting technology that will help speed up our various permitting processes. I only hope that Honolulu officials will be prepared to make good if the planned transition ensnares some innocent victims along the way.

For now at least, anyone who has been struggling with permitting problems or unfair permit revocations can take heart. Ausman’s court victory is a sign that things are changing, and that there are people out there who understand and want to help — even when it means taking on “city hall.”

E hana kākou! (Let's work together!)