Swire Properties (Hawaii), Ltd. v. Zoning Board of Appeals

OPINION OF THE COURT BY

LUM, CJ.

This is an appeal of a First Circuit Court decision which affirmed the decision of the Zoning Board of Appeals (ZBA). The ZBA held in favor of the petitioning homeowners (appellees) *3because appellant Swire Properties1 violated Revised Ordinance of Honolulu (ROH) No. 4421 (1975). We hold that the Zoning Board of Appeals had no jurisdiction to entertain the appeal and the decision of the circuit court is therefore reversed.

I

This dispute arises out of a view protection clause within ROH No. 4421, enacted in 1975 which authorized a planned development housing…