Oral Arguments before the Intermediate Court of Appeals
NO. 28353 – Wednesday, December 9, 2009 – 9 a.m.
ALBERT PLEUS, et al., Appellants-Appellants, v. ZONING BOARD OF APPEALS FOR THE CITY AND COUNTY OF HONOLULU, et al., Appellees-Appellees.
Attorney(s) for Appellant-Appellant
J. Stephen Street and Reginauld T. Harris (Rush Moore, LLP)
Attorney(s) for Appellee-Appellee Henry Eng, in his official capacity as Director of the Department of Planning and Permitting for the City and County of Honolulu
Carrie K.S. Okinaga, Corporation Counsel and Duane W.H. Pang, Deputy Corporation Counsel
Attorney for Appellee-Appellee Thru, Inc. Hawai`i
Robert F. Miller
Attorney(s) for Appellee-Appellee Zoning Board of Appeals for the City and County of Honolulu
Carrie K.S. Okinaga, Corporation Counsel and Dawn D.M. Spurlin, Deputy Corporation Counsel
COURT: Nakamura, CJ; Foley and Leonard, JJ.
SPECIAL NOTE: The above argument will take place in the Supreme Court courtroom on the Second Floor of Ali`iolani Hale, 417 South King Street, Honolulu, Hawai`i.
Appellants-Appellants Albert Pleus, Pamela Pleus, James Growney, and Priscilla Growney (Appellants) appeal from the judgment entered by the Circuit Court of the First Circuit (circuit court) in favor of Appellees-Appellees Zoning Board of Appeals (ZBA) for the City and County of Honolulu; Henry Eng, in his official capacity as Director of the Department of Planning and Permitting (DPP) for the City and County of Honolulu; and THRU, Inc. Hawaii (THRU). THRU submitted an application to the City and County of Honolulu (City) for a Conditional Use Permit-Major (CUP-Major) that would allow THRU to operate a group living facility in a residential neighborhood. Appellants, who reside in the affected neighborhood, opposed THRU’s application. Eng, in his capacity as the Director of the DPP for the City, approved THRU’s application for the CUP-Major, subject to a number of conditions. Appellants appealed to the ZBA which affirmed the decision of the Director of the DPP. Appellants then appealed to the circuit court which affirmed the ZBA’s decision but imposed additional conditions on the CUP-Major.
On appeal to this court, Appellants argue that the DPP erred in determining that THRU satisfied the following criteria required under the Honolulu Land Use Ordinance for granting a CUP-Major: 1) the subject use complies with residential development standards; 2) the site is suitable for the subject use considering location, topography, infrastructure, and natural features; 3) the proposed use will not alter the character of the neighborhood in a manner substantially limiting, impairing, or precluding the use of surrounding properties for the principal uses permitted; and 4) the facility will provide a service that will contribute to the general welfare of the community-at-large or surrounding neighborhood.