Department of Environmental Services, City and County of Honolulu v. Land Use Commission, State of Hawaiʻi, 127 Haw. 5

Summary

The Supreme Court of Hawaiʻi reviewed the Land Use Commission’s approval of a special use permit to expand the Waimanalo Gulch Sanitary Landfill. The court held that Condition 14, which prohibited the landfill from accepting municipal solid waste after July 31, 2012, was not supported by substantial evidence in the record. Because the condition appeared material to the approval, the court vacated the circuit court’s judgment and remanded for further proceedings.

Holdings

1. HRS § 205-6(d) authorizes the Land Use Commission to impose additional restrictions that may be necessary or appropriate when approving a special use permit.
2. Condition 14 was inconsistent with the evidence in the record and was not supported by substantial evidence.
3. Because Condition 14 appeared to be material to the LUC's approval, the approval of SUP-2 could not stand after Condition 14 was invalidated; remand to the LUC for further proceedings was required.

Questions Presented

1. Whether the Land Use Commission had statutory authority to impose restrictive conditions on its approval of a special use permit.
2. Whether Condition 14, limiting municipal solid waste disposal at the landfill after July 31, 2012, was supported by substantial evidence in the record.
3. Whether the LUC's approval of the special use permit could stand after Condition 14 was determined to be unsupported by substantial evidence.

Disposition

vacated