County of Hawai'i v. Ala Loop Homeowners

Summary

The Supreme Court of Hawaiʻi held that article XI, section 9 of the Hawaiʻi Constitution created a private right of action, under the circumstances presented, to enforce Hawaiʻi Revised Statutes chapter 205 against a charter school operating in an agricultural district. The court also held that the dispute was not moot and that the circuit court erred in declining to set aside the default entered against the charter school. It vacated the Intermediate Court of Appeals’ judgment and the circuit court’s amended final judgment and remanded for further proceedings.

Holdings

1. The dispute was not shown to be moot; even if it were moot, the public-interest exception to mootness applied because the issue was public in nature, authoritative guidance was desirable, and recurrence was likely.
2. Article XI, section 9 of the Hawai'i Constitution creates a private right of action to enforce HRS chapter 205 in the circumstances presented.
3. HRS § 205-12 does not preclude a private party from enforcing chapter 205 against an alleged violator.
4. The circuit court abused its discretion by denying Wai'ola's motion to set aside the entry of default.

Questions Presented

1. Whether Ala Loop's chapter 205 enforcement claim was moot or, alternatively, qualified for the public-interest exception to mootness.
2. Whether article XI, section 9 of the Hawai'i Constitution creates a private right of action to enforce HRS chapter 205.
3. Whether HRS § 205-12 limits or precludes private enforcement of chapter 205.
4. Whether the circuit court abused its discretion by denying Wai'ola's motion to set aside the entry of default.

Disposition

vacated