Wille vs BLNR et al. Civ. 10-01-239k: Recent Court Filings

Submitted by margaretwille on Sat, 09/04/2010 - 8:05pm

  
For those following the agency appeal I brought against the Board of Land and Natural Resources et.al.
(re the County’s proposed Lalamilo Connector Road) here are the most recent public Court filings .

 

I appealed to the Third Circuit Court from the BLNR’s denial of my request for a formal contested case hearing on the Board’s approval of the State’s plan to release the state-held road reservation corridor to the private parties whose land is encumbered by the road reservation.  The key issue in this appeal is whether I am a person aggrieved (standing to appeal) from a final decision of an agency contested case --based on the Administrative Procedures Act requirements for an appeal HRS 91-14(g).  A hearing before Third Circuit  Judge Strance is now scheduled for October 1 at 11 am. in Kona.

 

Included here are the following (in a previous blog I attached my initial appeal - Statement of the Case): 

1. The County’s Answer to My Statement of the Case--basically in agreement with my position; [The County was also denied its request for a contested case hearing];

2. The State Appellees’ Answer to my Statement of the Case-- in opposition.

3. The State Appellees’ Motion to Dismiss for Lack of Subject Matter Jurisdiction  (arguing that since the Board denied my request for a “contested case”,  there was no “contested case”, and therefore there can  be no appeal from a “contested case”); Also included in the State Appellees’ Opposition for the Court’s Order for Certification and Designation of the Record on Appeal;

4. Appellant Wille’s Opposition to the Motion to Dismiss;

5. Appellant Wille’s Motion to Compel Compliance with the Court’s Order for Certification and Transmission of the Record on Appeal;

6. The State Appellees’ Withdrawal of its Motion to Dismiss.

[On August 18, 2010, the Hawaii Supreme Court decided Kakeikini vs. Thielen No. 28491, a case adverse to the position taken by the State Appellees in the Motion to Dismiss.]

 

For those who don’t have any idea about the general location of the County’s proposed Lalamilo Connector Road –  a diagram showing where the Lalamilo Connector Road corridor is at issue in this case.


To view any of these documents full screen -- press the button just to the right of the slide show bar: