Posted 11/30/2012
The Intermediate Court of Appeals has sided with a group of Hawaiians living in East Maui who had sought a contested-case hearing over the state Commission on Water Resource Management’s decision to amend stream flows in the area.
The decision, published November 30, is the latest in a dismal series of reversals of commission decisions by higher courts. The three judges were unanimous in finding that the commission had improperly denied the request for a contested case hearing by Na Moku ‘Aupuni o Ko’olau Hui on its decision to amend instream flows of 19 East Maui streams.
The group “is entitled to a contested case hearing with the full procedural protections afforded by the Hawai’i Administrative Procedures Act,” the judges found. It ordered the commission to “grant Na Moku’s petition for hearing and to conduct a contested case hearing … in accordance with state law.”
To read the decision, click here: Na_Moku
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