holding that the Commission on Water Resource Management “failed to discharge its public trust duty to protect native Hawaiians’ traditional and customary gathering rights, as guaranteed by . . . [A]rticle XII, section 7 of the Hawaiʻi Constitution”
How later courts described this case
- holding that the Commission on Water Resource Management “failed to discharge its public trust duty to protect native Hawaiians’ traditional and customary gathering rights, as guaranteed by . . . [A]rticle XII, section 7 of the Hawaiʻi Constitution”
- holding that the agency failed to discharge its public trust obligations by granting water use permits without rendering findings of facts and conclusions of law regarding the applicant’s burden under the public-trust balancing framework
- holding that the Commission on Water Resource Management “failed to discharge (continued . . .
- explaining that any presumption of validity, given to an agency’s decision, “presupposes that the agency has grounded its decision in reasonably clear” findings of fact and conclusions of law
Written by the judges who cited it.
The opinion
ACOBA, J.,
concurring separately.
I concur in-the result.