'O Haleakalâ v. Board of Land & Natural Resources

CONCURRING OPINION BY

McKENNA, J.

I have joined the majority opinion. I write to address a few additional points, but not to address all of the dissent’s characterizations of my concurrence.

1. The Board Of Land And Natural Resources’ Approval Of Conservation District Use Permits Before Conducting Contest Case Hearings Departed From Previous Practice

Approving conservation district use (“CDU”) permits before contested case hearings, the process initially followed by the Board of Land and Natural Resources (“BLNR”) for the Advanced Technology Solar Telescope (“ATST”) before our remand in Kilakila…