Legal Opinion
Hawaii Electric Light Co. v. Department of Land & Natural Resources
Hawaii Supreme Court
Decided August 25, 2003No. 21369PublishedCited by 14 opinions
1Opinion of the Court
Opinion of the Court by
ACOBA, J.
We hold that under Hawai'i Revised Statutes (HRS) § 171-5 (1993) any action by the Board of Land and Natural Resources (the Board or the BLNR) requires a majority vote of all the members to which the Board is statutorily entitled. Thus, four votes are necessary for the Board to take any action. See HRS § 171-4 (1993) (the Board “shall be composed of six members”). Consequently, we also hold that because the Board failed to render four votes either approving or rejecting a Conservation District Use Application (application) in this case, the HRS § 183-41 (1993)…
2Cases cited36 opinions
- Huck v. Inland Wetlands & Watercourses Agency of GreenwichSupreme Court of Connecticut · 1987
- Coon v. City and County of HonoluluHawaii Supreme Court · 2002
- Pele Defense Fund v. PatyHawaii Supreme Court · 1992
- Tall Trees Construction Corp. v. Zoning Board of AppealsNew York Court of Appeals · 2001
- Bickel v. City of PiedmontCalifornia Supreme Court · 1997
31 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Keahole Defense Coalition, Inc. v. Board of Land & Natural ResourcesHawaii Supreme Court · 2006
- Alvarez Family Trust v. Association of Apartment Owners of the Kaanapali AliiHawaii Supreme Court · 2009
- Blaisdell v. Department of Public SafetyHawaii Supreme Court · 2007
- Hui Kako'o Aina Ho'opulapula v. Board of Land & Natural ResourcesHawaii Supreme Court · 2006
- 'O Haleakalâ v. Board of Land & Natural ResourcesHawaii Supreme Court · 2016
9 more not listed; retrieve them via the Exa API.