HRS 0205-0006 ANNOTATIONS
Rules of Court
Appeal to circuit court, see HRCP rule 72.
Attorney General Opinions
Special permits cannot be granted to authorize uses which have effect of making boundary change or creating new district. Att. Gen. Op. 63-37.
Authority of land use commission to modify permit approved by county commission discussed. Att. Gen. Op. 68-30.
Land use commission is not authorized to review county planning commission's denial of request for modification of special permit. Att. Gen. Op. 77-4.
Law Journals and Reviews
"Urban Type Residential Communities in the Guise of Agricultural Subdivisions:" Addressing an Impermissible Use of Hawai‘i's Agricultural District. 25 UH L. Rev. 199.
Case Notes
Where plaintiffs alleged violations of Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and made other claims based on county planning commission's denial of a special use permit sought under this section: among other things, no Eleventh Amendment immunity for the county; RLUIPA, assuming it was constitutional, did not facially invalidate Hawaii's land use law; strict scrutiny test would apply in assessing county's past actions in further proceedings in the case. 229 F. Supp. 2d 1056.
Former provision requiring that a public hearing on an application for a special permit be held within one hundred twenty days was directory not mandatory. 62 H. 666, 619 P.2d 95.
Validity of attaching conditions for approval of special permit. 62 H. 666, 619 P.2d 95.
Recreational theme park on agricultural land was not "unusual and reasonable use" which would qualify for special permit. 64 H. 265, 639 P.2d 1079.
"Communications equipment buildings" and "utility lines" in §205-4.5(a)(7) do not encompass "telecommunications antennas" or "transmission antennas" such as a cellular telephone tower; public utility thus had to apply for a special permit under this section to place the tower in a state agricultural district. 90 H. 384, 978 P.2d 822.