Hawaii Land Use Commission applauds state high court's decision

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The Hawaii Supreme Court has backed the Hawaii Land Use Commission's position on the issuing of special permits for overnight camps on agricultural land. | Pixabay/kangbch

The Hawaii Land Use Commission has won its fight against the issuing of special permits for overnight camps on agricultural land, following a ruling from the Hawaii Supreme Court. 

The state's high court issued a 3-2 decision that validated the commission's position on such special permits.

“The Hawaii Supreme Court’s decision supports our position originally taken by back in 2016 that the special permit process cannot be used to approve overnight camps on prime agricultural lands," said Land Use Commission executive officer Daniel Orodenker in a March 10 news release. "Although it has been a long road, the commission is very happy with the outcome of this case, which resolves a lot of uncertainty with respect to special permits.”


The Hawaii Supreme Court has sided with the Land Use Commission on issuing special permits for overnight camps on agricultural land. | en.wikipedia.org

According to the release, in 2016, the Ho'omana Foundation challenged the Land Use Commission's stance that the foundation couldn't use the special permit process to allow an overnight camp in an agricultural district near Lãhainã on Maui. The commission pointed to state law as a reason for its decision. 

Both the state circuit court and Intermediate Court of Appeals sided with the foundation and found the commission could issue a special permit. 

The Supreme Court's decision, however, found that these such permitting issues need to be addressed through a district boundary amendment proceeding, not the special use permitting process, the release stated.

The Department of the Attorney General represented the Land Use Commission in the case. It was argued by first deputy solicitor general Robert Nakatsuji at Lahainaluna High School through the judiciary's "Courts in the Community" program, according to the release.