Kepo'o v. Kane

Opinion of the Court by

ACOBA, J.

We hold that (1) the circuit court of the third circuit 3 (the court) retained jurisdiction to render a decision after the case was remanded to the Hawaiian Homes Commission (HHC); (2) the court possessed jurisdiction to grant summary judgment pursuant to Hawaii Revised Statutes (HRS) § 343-7(b) (1993); (3) no genuine issues of material fact existed and the court could decide, as a matter of law, whether an environmental impact statement (EIS) was required with respect to a power plant project on the land; and (4) the voiding of General Lease No. 242 (Lease No.…