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 .
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];
The State Appellees’ Answer to my Statement of the Case-- in opposition.
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;
Appellant Wille’s Opposition to the Motion to Dismiss;
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.]
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:
^A melodious thrush and some other residents from Waimea