Oral Argument Before the Intermediate Court of Appeals
CAAP-13-0000097, Wednesday, February 10, 2016, 8:45 a.m.
THOMAS GRANDE, Appellant-Appellee, vs. HENRY ENG, DIRECTOR, CITY AND COUNTY OF HONOLULU DEPARTMENT OF PERMITTING AND PLANNING, CITY AND COUNTY OF HONOLULU, DEPARTMENT OF PERMITTING AND PLANNING, Appellees-Appellees, and MIGUEL RAMIREZ AND VALERIE RAMIREZ, STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES, Appellees-Appellants, and JOHN DOES 1-10, JANE DOES 1-10, DOE CORPORATIONS 1-10, DOE PARTNERSHIPS 1-10 AND DOE GOVERNMENTAL ENTITIES 1-10, Appellees.
The above-captioned case has been set for argument on the merits at:
Supreme Court Courtroom
Ali`iolani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813
Attorney for Appellees-Appellants MIGUEL RAMIREZ AND VALERIE RAMIREZ, STATE OF HAWAII, DEPARTMENT OF LAND AND NATURAL RESOURCES:
Allan F. Suematsu
Attorney for Appellant-Appellee THOMAS GRANDE:
Thomas R. Grande of Grande Law Offices
COURT: Fujise, Leonard and Reifurth, JJ.
Appellees-Appellants State of Hawai`i Department of Land and Natural Resources (DLNR) and Miguel and Valerie Ramirez (Ramirezes) (collectively, Appellants) appeal from an Amended Judgment filed in the Circuit Court of the First Circuit (Circuit Court) in favor of Appellant-Appellee Thomas Grande (Grande).
In a related action, Grande submitted a complaint demanding that the City and County of Honolulu Department of Planning and Permitting (DPP) assume jurisdiction over the grading of Appellants’ property,¹ which DPP denied in a letter decision. After DPP agreed that Grande could seek relief from that decision via a contested case hearing, the appointed hearings officer dismissed the hearing for lacking subject matter jurisdiction. Grande appealed the dismissal to the Circuit Court, which reversed the dismissal order and remanded the case with directions to hold a contested case hearing. Appellants now challenge the Circuit Court’s judgment on various grounds.
¹ DLNR is the owner of the subject agriculturally-zoned property and the Ramirezes are the lessees. Grande, a makai neighbor, contends that unpermitted grading on the subject property poses a danger to his home.