NO. 27707 – Tuesday, October 13, 2009 – 10 a.m.

COUNTY OF HAWAI`I, a municipal corporation of the State of Hawai`i, Plaintiff/Counter-Claim Defendant/Appellee/Cross-Appellee, vs. ALA LOOP HOME OWNERS, an unincorporated association; Petitioner/Defendant/Counter-Claimant/Cross-Claimant/Appellee/Cross-Appellant, and WAIOLA WATERS OF LIFE CHARTER SCHOOL, a public school organized under the laws of the State of Hawai`i, Respondent/Defendant/Cross-Claim Defendant/Appellant/Cross-Appellee, and JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ENTITIES 1-10, Defendants/Appellees/Cross-Appellees. ALA LOOP COMMUNITY ASSOCIATION, an unincorporated non-profit association, Third-Party Plaintiff/Defendant/Counter-Claimant/Cross-Claimant/Appellee/Cross-Appellant, vs. LAND USE COMMISSION, STATE OF HAWAI`I, Third-Party Defendant/Appellee/Cross-Appellee. (Declaratory Judgment)

Attorney(s) for Petitioner/Defendant/Counter-Claimant/Cross-Claimant/Appellee/Cross-Appellant(s)
Thomas L-H Yeh and Michael W Moore (Tsukazaki Yeh & Moore)

Attorney(s) for Respondent/Defendant/Cross-Claim Defendant/Appellant/Cross-Appellee(s)
Honorable Mark J. Bennett, Attorney General, and Deborah Day Emerson, Charleen M. Aina, and James C. Paige, Deputies Attorney General, State of Hawai`i

COURT: RTYM, CJ; PAN, SRA, JED & MER, JJ.

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Brief description:

Petitioner Ala Loop Community Association (Ala Loop) filed an application for writ of certiorari requesting that this court review the judgment of the Intermediate Court of Appeals (ICA). The ICA, citing Pono v. Molokai Ranch, Ltd., 119 Hawai`i 164, 194 P.3d 1126 (App. 2008), cert. rejected, 2008 WL 5392320 (Hawai`i Dec. 29, 2008), concluded that Ala Loop did not have a private right of action to enforce its Hawai`i Revised Statutes (HRS) chapter 205 claims against Respondent Wai`ola Waters of Life Charter School, and therefore, the Circuit Court of the Third Circuit lacked jurisdiction over those claims. Ala Loop contends that the ICA erred because, inter alia, it failed to consider Article XI, Section 9 of the Hawai`i State Constitution and HRS § 607-25 (Supp. 2002).