Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
Pilaa 400, LLC v. Bd of Land & Natural Resources, No. SCWC-28358 (Feb. 14, 2014)

Pilaa 400, LLC v. Bd of Land & Natural Resources, No. SCWC-28358 (Feb. 14, 2014)

Ratings: (0)|Views: 1,503 |Likes:
Published by robert_thomas_5
Pilaa 400, LLC v. Bd of Land & Natural Resources, No. SCWC-28358 (Feb. 14, 2014)
Pilaa 400, LLC v. Bd of Land & Natural Resources, No. SCWC-28358 (Feb. 14, 2014)

More info:

Published by: robert_thomas_5 on Feb 16, 2014
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

04/21/2014

pdf

text

original

 
*** FOR PUBLICATION IN WEST’S HAWAI
I REPORTS AND PACIFIC REPORTER ***
IN THE SUPREME COURT OF THE STATE OF HAWAI
I---o0o---PILA
A 400, LLC, Petitioners/Appellant-Appellant,vs.BOARD OF LAND AND NATURAL RESOURCES and DEPARTMENT OF LAND AND NATURAL RESOURCES, STATE OF HAWAI
I, Respondents/Appellees-Appellees.SCWC-28358CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS(ICA NO. 28358; CIV. NO. 05-1-0103)February 14, 2014ACOBA, McKENNA, AND POLLACK, JJ., WITH CIRCUIT JUDGE TRADER, INPLACE OF RECKTENWALD, C.J., RECUSED, WITH NAKAYAMA, J., ACTINGC.J., CONCURRING AND DISSENTING
Electronically FiledSupreme CourtSCWC-2835814-FEB-201402:00 PM
 
*** FOR PUBLICATION IN WEST’S HAWAI
I REPORTS AND PACIFIC REPORTER ***
Pila
a 400 obtained the Property from Pflueger Properties, LP by
1
warranty deed, executed on January 23, 2001, by James H. Pflueger.
-2-OPINION OF THE COURT BY POLLACK, J.This case requires us to consider whether Pila
a 400,LLC (Pila
a 400) was properly held responsible for remedial,restoration, and monitoring costs assessed against it by theBoard of Land and Natural Resources (BLNR) for despoilment ofstate conservation land resulting from unauthorized land use byPila
a 400, which included significant harm to a near-pristinecoral reef.We hold that BLNR had jurisdiction to institute theenforcement action, the BLNR was not required to engage in rule-making before imposing a financial assessment for damages tostate land against Pila
a 400, and Pila
a 400 was afforded a fullopportunity to be heard at a contested case hearing followingreasonable notice. Accordingly, we affirm the Judgment on Appealof the Intermediate Court of Appeals (ICA).I.A.Pila
a 400 ownsa 383-acre parcel of rural land(Property), located on the north shore of Kaua
i. The Property
1
is a level to gently sloping plateau broken by four gulchesextending from Kuhio Highway and Koolau Road toward theshoreline. The plateau above and between the gulches naturally
 
*** FOR PUBLICATION IN WEST’S HAWAI
I REPORTS AND PACIFIC REPORTER ***
“Makai” means “toward the sea, in the direction of the sea.” State
2
v. Tagaolo, 93 Hawai
i 314, 318 n.6, 2 P.3d 718, 722 n.6 (App. 2000) (citingM. Pukui and S. Ebert, Hawaiian Dictionary 225 (1979)).
-3-drains water and sediment along contours that form distinctgeographic drainage areas.At the makai
 
terminus of the Property is Pila
a Beach
2
and Pila
a Bay. Pila
a Beach is a white sand beach approximatelyfifty to one hundred feet wide, bisected by Pila
a Stream. Pila
aBay contains a well-developed fringing reef, extending fromKe
ilu Point on the west to Kepuhi Point on the east. Waveaction over the reef flushes the inner reef area, creating a lushenvironment for a wide variety of marine life. Pila
a Bay’sinner reef is one of only a few shallow reefs on the northeastcoast of Kaua
i protected from ocean swell by an outer reef. Prior to November 26, 2001, Pila
a Bay was well-known for itsstriking beauty and as an excellent site for swimming,snorkeling, fishing, and gathering edible seaweed. According tothe DLNR, the reef at Pila
a Bay was one of the “few remaininghigh value coral reef flats in the state that had largely escapedencroachment from development and stress from improper landpractices.” The reef was “an extremely valuable resource” with awide range of reef habitats, abundant marine life, and almostfourteen percent coral cover.

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->