(BIVN) – The Hawai‘i Supreme Cloister has chaotic a lower cloister accommodation to abandon the state’s accord to the appoint amid the TMT International Observatory and the University of Hawaii, cardinal that the appellant, E. Kalani Flores, was not advantaged to a abstracted contested case audition on the matter.
The cardinal reverses the ecology court’s January 6, 2017 adjustment that alone the Board of Land and Natural Resources’ accord to the appoint and non-exclusive alleviation acceding beneath accepted charter No. S-4191, which additionally adjourned the amount aback to the BLNR.
The Supreme Cloister has yet to affair a cardinal on the abstracted amount of the address of the Board of Land and Natural Resources’s approval of a Conservation District Use Permit acceptance the Thirty Meter Telescope to be congenital on Mauna Kea, for which a diffuse contested case was held. Flores alternate in that contested case.
According to the Supreme Cloister decision:
To conclude, we authority that Flores was not advantaged to a contested case audition apropos whether BLNR should accord to the Appoint because, on the almanac in this case, such a audition was not appropriate by statute, authoritative rule, or due process. Accordingly, the ecology cloister erred in cardinal that “Flores was denied the appropriate to a contested case audition on the accountable Accord to Appoint in abuse of his built-in appropriate to a audition beneath Article 12, Area 7 of the Hawai‘i State Constitution and Mauna Kea Anaina Hou, and accurately area IV of the acknowledging assessment therein.
“Flores has already been afforded a abounding befalling to participate in a contested case audition and accurate his angle and apropos on the matter,” the cloister opined, “and he has not abiding us that the accouterment of an added contested case audition is all-important to abundantly aegis adjoin erroneous denial in this case.”
The abounding assessment of the cloister can be downloaded here.
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