03-17-2016, 03:20 AM
DLNR chair (not board) to select the next hearings officer:
http://www.westhawaiitoday.com/news/loca...gs-officer
In his ruling, Nakamura is requesting the board consider the following questions:Since the permit no longer exists, should consent for the sublease be withdrawn?
If the sublease remains in place pending the outcome of the contested case, is the board again placing the "cart before the horse?"
Should parties in the contested case for the land use permit be given similar standing regarding the sublease?
How will the board fulfill its "affirmative duty to fill the state's constitutional obligations" in absence of a contested case for the sublease?
I suggest that by not deciding these points, the Court has left the way open for future challenges, perhaps that is exactly the intent.
http://www.westhawaiitoday.com/news/loca...gs-officer
In his ruling, Nakamura is requesting the board consider the following questions:Since the permit no longer exists, should consent for the sublease be withdrawn?
If the sublease remains in place pending the outcome of the contested case, is the board again placing the "cart before the horse?"
Should parties in the contested case for the land use permit be given similar standing regarding the sublease?
How will the board fulfill its "affirmative duty to fill the state's constitutional obligations" in absence of a contested case for the sublease?
I suggest that by not deciding these points, the Court has left the way open for future challenges, perhaps that is exactly the intent.