550 P.3d 1230
Haw.2024Background
- Honoipu Hideaway, LLC appealed a Land Use Commission (LUC) decision denying its request to change the boundary between conservation and agricultural districts.
- The appeal was properly filed in circuit court based on existing law.
- The Hawaii Supreme Court, in In re Kanahele (2023), held that appeals of LUC declaratory orders must be filed directly with the Supreme Court, not the circuit court.
- As a result of Kanahele, several LUC appeals—including Honoipu’s—were pending in the wrong court.
- Honoipu moved to transfer its case to the Supreme Court nunc pro tunc (retroactively), while LUC argued for dismissal due to lack of jurisdiction.
- The circuit court reserved the question of its authority to transfer the case nunc pro tunc to the Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to transfer appeal nunc pro tunc to Supreme Ct. | Courts have inherent and statutory power to transfer. | Circuit court lacks explicit authority for transfer. | Courts have both inherent and statutory power to transfer cases. |
| Appropriateness of nunc pro tunc order | Is just where jurisdiction changed after filing. | Only for court's clerical errors, not party filing. | Order is appropriate due to intervening change in law. |
| Loss of appeal if transfer not permitted | Denial risks loss of substantive rights. | Dismissal for lack of jurisdiction is remedy. | Transfer prevents manifest injustice and loss of appeal rights. |
| Scope of power under HRS § 603-21.9(6) | Power applies to necessary steps to achieve justice. | Provision does not authorize this transfer. | Statute allows transfer to perfect jurisdiction in this context. |
Key Cases Cited
- Lingle v. Haw. Gov’t Emps. Ass’n, AFSCME, Loc. 152, AFL-CIO, 107 Hawai‘i 178 (Haw. 2005) (declaratory orders have same appellate status as contested cases)
- In re Kanahele, 152 Hawai‘i 501 (Haw. 2023) (LUC declaratory order appeals must be filed in Supreme Court)
- State v. Harrison, 95 Hawai‘i 28 (Haw. 2001) (courts have inherent equitable and supervisory powers)
- Kawamata Farms, Inc. v. United Agri. Prods., 86 Hawai‘i 214 (Haw. 1997) (courts’ inherent powers are broad and derive from Constitution)