Hui Kako'o Aina Ho'opulapula v. Board of Land & Natural Resources

Concurring and Dissenting Opinion by

ACOBA, J.,

with whom DEL ROSARIO, J., Joins.

In this case, the majority decides as to the appeal of Appellant-Appellant Hui Kako'o Aina Ho'opulapula (Hui Kako'o) that “no” *43does not mean no, even in the face of an administrative rule that clearly does not provide for “reconsideration” of a denial. The effect of this approach is unjust, inasmuch as, based on the plain language of Hawai'i Administrative Rule (HAR) § 13-1-29,1 Hui Kako'o could not have had adequate notice that to preserve its right to judicial review under Hawai'i Revised Statutes (HRS) §…