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Application for Writ of Certiorari, Leone v. County of Maui, No. SCWC-29696 (Oct. 29, 2012)

Application for Writ of Certiorari, Leone v. County of Maui, No. SCWC-29696 (Oct. 29, 2012)

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12/04/2012

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Electronically
FiledSupreme
Court
scwc-29696
29-ACT-2A1211:22AMNO.
IN
THE
SUPREME
COURT
DOUGLAS
LEONEand
PATRICIA
A.
PERKINS-LEONE,as
Trustees
under
that
certainunrecorded
Leone-Perkins
Family
Trust
dated
August
26,
1999,asamended,
Respondents-
Pl
ainti
ffs
-Ap
p
e
llant
s,
Petitioners-
D
e
fendants
-Appellee
s
.
WILLIAML.
LARSON
and
NANCY H.
LARSON,
as
Trustees
under
that
certain unrecorded
Larson
FamilyTrust
datedOctober
30,
1992,
as
amended,
Respondents-
D
efendants
-App
ellants,
OF
THE
STATEOF HAWAII
crvrl
No.
07-1-0496(3)ICA NO.
29696
vs.
COUNTY OF
MAUI,
a
political
subdivision
of
the
State
of
Hawai'i,
WILLIAM
SPENCE,
in
his
capacity
as
Director
of
the Department
of
Planning
of
theCounty
of
Maui,
APPEAL
FROM:
(1)
ORDERGRANTINGDEFENDANTS'MOTIONTO
DISMISS
COMPLAINT
FILEDNOVEMBER
19,
2OO7 OR
IN
THE
ALTERNATIVE,MOTIONFORSUMMARY
JUDGMENT
OR
PARTIALSUMMARY
JUDGMENT
ENTEREDMARCH
2,2OO9;
(21
FINAL
JUDGMENT
ENTEREDMARCH
2,
2OO9;(3)
ORDERGRANTING
IN
PART
ANDDENYING
IN
PART
DEFENDANTS'
MOTION
FOR
AN AWARD
OF
FEES,
COTS
AND
EXPENSES
ENTERED
HEREIN
ON
MAY
18,
2ooe; AND
(4)
AMENDEDJUDGMENT
ENTEREDHEREIN
ON
JUNE
5,2OO9CIRCUITCOURT
OF
THE
SECOND
CIRCUIT,
STATE OF HAWAII
The HonorableJoseph
E.
Cardoza,
Judge
vs.
 
COUNTY OF
MAUI,
a
political
subdivision
of
the
Stateof
Hawai'i,
WILLIAM
SPENCE,
in his
capacity
as
Director
of
the Department
of Planningof
the County
of
Maui,Petitioners-
D
efendants
-App
elle
e
s.
APPLICATION
FOR
WRIT
OF CERTIORARIAPPENDIX
A
AND
CERTIFICATE
OFSERVICE
DEPARTMENT
OF
THE
CORPORATION
COUNSEL
2O5
PATRICK
K.
WONG
Corporation
Counsel
MARY
BLAINE
JOHNSTON
1755
Deputy Corporation
Counsel
County
of
Maui
2OO
S.
High
Street
Wailuku,
Maui, Hawaii96793
Telephone:
(808)27O-774L
Facsimile:
(808)
270-7L52
email:
mary.
i
ohnston(ôco.
maui.hi.us
Attorneysfor
Petitioner-Defendant-Appellee
COUNTY OF
MAUIand WILLIAM
SPENCE,
in
his
capacity
as
Director
of
the Department
of
Planning5878
 
APPLICATION
FOR
WRIT
OF CERTIORARI
L
STATEMENTOFQUESTIONS
PRESENTED
FOR
REVTEW
In its
decision
of
June
22,2012,
reported
at
128
Hawai'i
L83,284
P.sd
956(2OI2),tthe
IntermediateCourt
of
Appeals
("ICA")
misapplied
this
Court'sopinion
in
GATRI
v.
BJane,
88
Hawai'i
108,962P.zd
367
{L998)
andthe
u.s.
supremeCourt's
decision
inWilliamsonCounty
Regional
PlanningCommission
v.
Hamilton
Bank
of
Johnson
City,473
U.S.
172
(1985).
The ICA
opinion
announced
a
novel
rule:
"the
exhaustion
doctrine
.
.
.
applies
when
a
party
seeks
judicial
review
of
thesubstance
of
anadverse
administrative
decision," Leone,284
P.3dat
965,but
not
where
the landowner'sclaim
is
"based
onthe
effect
of
thedecision."
Id.
The
ICA
also
decided
a
novel issue
of law
unnecessarily
in
a
case
in
whichno
subjectmatter
jurisdiction
existed
in
the
first
place.Pursuant
to
Rule
40.1
of
the HawaiiRules
of
Appellate
Procedure,Petitioners-Defendants-Appellees
County
of Mauiand
William
Spence,
in
his
capacityas
Director
of the
Maui County
Department
of Planning
("Petitioners")
seek
a
writ
of
certiorarito
address and
resolve
these
errors:
A.
Didthe
ICA
misconstrue
and
misapply
this
Court's
decision
in
GATRI
v.
Blane,
88
HawaiI
108,
962
P.zd
367
(7998)
and
the
U.S.
SupremeCourt'sdecision
inWilliamsonCounty
Regional
PlanningCommissionv.
HamiltonBank
of
Johnson
City,
473
U,S.
I72
(1985)
in
ruling
that
Respondents
werenot
required
to
exhaust
their
administrative
remedies
by
appealing
a
Planning
Director's
decisiontothe
Maui
PlanningCommission, whentheCommissionhad
the
authority
to overrulethe
Director?
¡
Because
the
page
citationsare
notyet
available
to
cite
to
the
official
ry^p-o1te^r,
the
ICA's_opinionwill
be
cited
throughoutthismemorandum
as"Leone,
284
P
,3d
at
-.
"
A
copy
of the
ICA's
opinion
ls
attached hereto
as
AppenclE
W
.

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