Opinion

In Re the Contested Case Hearing on Water Use, Well Construction, & Pump Installation Permit Applications, Filed by Wai'ola O Moloka'i, Inc.

  • 103 Haw. 401
  • 83 P.3d 664
Court
Hawaii Supreme Court
Filed
Jan 29, 2004
Status
Published
Author
Acoba
On the bench
Moon, Levinson, Nakayama, McKenna, Duffy, Acoba
Cited by
42 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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