Kilakila ‘O Haleakala v. Board of Land and Natural Resources.

Concurring Opinion by

ACOBA, J.,

with whom POLLACK, J., Joins.

I concur in the result, but write separately to address four issues related to the right of Petitioner/AppellanL-Appellant Kilakila ‘O Haleakalá (KOH) to a contested case hearing and subject matter jurisdiction.1 First, I would hold that jurisdiction over KOH’s claims arises independently under article XI, section 7 of the Hawaii Constitution2 in light of specific provisions therein protecting native Hawaiian rights. Second, Respondent/Appellee-Appellee Board of Land and Natural Resources (BLNR) was required to hold a contested case…