Aha Hui Malama O Kaniakapupu v. Land Use Commission

Dissenting Opinion by

ACOBA, J.,

in which DUFFY, J., joins.

The effect of the majority’s decision is that all agency dispositions, if denominated as orders to show cause, although final and binding, are unreviewable as to violations of Hawai'i Revised Statutes (HRS) § 91-14(g)(1) (1993),1 a proposition plainly wrong and usurpative of the judicial review mandated under HRS Chapter 91. In my view, the hearing before Appellee-Appellee State of Hawai'i Land Use Commission (LUC) on the “Motion for an Order to Show Cause Regarding Enforcement of Conditions, Representations, or Commitments” (the…