Kaleikini v. Thielen

Concurring Opinion by

ACOBA, J.

I believe that (1) this appeal is moot, but fell within the public interest exception to the mootness doctrine,1 (2) Petitioner had the right to a contested case hearing on a decision to remove the Native Hawaiian burial remains (iwi) in this case, and (3) the circuit court of the first circuit (the court) erred when it determined that it lacked subject matter jurisdiction over the administrative appeal. I respectfully disagree with the majority’s analysis in several aspects. First, I do not concur with the majority’s opinion that “a contested case hearing was…