section 91-14 appeal an agency decision in Hawaii

2016See Punohu v. Sunn, 66 Haw. 485, 487 , 666 P.2d 1133, 1135 (1983) (“Since the scope of review vested in the circuit court in an appeal pursuant to § 91-14, HRS, is much more limited than the court’s plenary authority in an original action commenced before it, it would be anomalous to permit a declaratory judgment action to be substituted for an appeal from an agency determination in a contested case.”); see also Hawaii’s Thousand Friends v. City and Cty. of Honolulu, 75 Haw. 237, 248 , 858 P.2d 726, 732 (1993) (stating that although an agency’s decision “carries a presumption of validity in a

2016See Punohu v. Sunn, 66 Haw. 485, 487 , 666 P.2d 1133, 1135 (1983) (“Since the scope of review vested in the circuit court in an appeal pursuant to § 91-14, HRS, is much more limited than the court’s plenary authority in an original action commenced before it, it would be anomalous to permit a declaratory judgment action to be substituted for an appeal from an agency determination in a contested case.”); see also Hawaii’s Thousand Friends v. City and Cty. of Honolulu, 75 Haw. 237, 248 , 858 P.2d 726, 732 (1993) (stating that although an agency’s decision “carries a presumption of validity in a

2025Ass’n, AFSCME, Loc. 152, AFL-CIO, however, 21 ** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND THE PACIFIC REPORTER ** we held that although declaratory orders are not contested cases, they have the same status for the purpose of appeal rights under HRS § 91-14. 107 Hawaiʻi 178, 186, 111 P.3d 587, 595 (2005).

2024Ass’n, AFSCME, Loc. 152, AFL-CIO that although declaratory orders are not contested cases, they have the same status for the purposes of appeal under HRS § 91-14. 107 Hawai‘i 178, 186, 111 P.3d 587, 595 (2005).

2025Light Co., 145 Hawai᷾i at 22, 445 P.3d at 694 (holding that an aggrieved party who participated in a contested case but did not formally intervene had standing to appeal under HRS § 91-14). 36 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** support of this contention, MLN cites to the ICA’s previous opinion in Pavsek, in which the ICA stated that “the plain language of [HRS § 46-4(a)] clearly manifests the Legislature’s intent to create a private right of action.” 127 Hawai‘i at 397, 279 P.3d at 62 .

2025Light Co., 145 Hawai᷾i at 22, 445 P.3d at 694 (holding that an aggrieved party who participated in a contested case but did not formally intervene had standing to appeal under HRS § 91-14). 36 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** support of this contention, MLN cites to the ICA’s previous opinion in Pavsek, in which the ICA stated that “the plain language of [HRS § 46-4(a)] clearly manifests the Legislature’s intent to create a private right of action.” 127 Hawai‘i at 397, 279 P.3d at 62.

2021Id. at 433, 903 P.2d at 1254.

2021A decision in favor of the applicant shall require a majority vote of the total membership of the county planning commission. 22 Hualalai is a “person,” as used in “person aggrieved,” because it is an association or organization as defined by HRS § 91-1. 27 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** Hawaiʻi 425, 431, 903 P.2d 1246 , 1252 (1995) (internal quotation marks omitted).

2025Simply put, BLNR’s denial of Sierra Club’s hearing request was followed by agency action that ended the proceedings. 13 In Kilakila, this court reaffirmed that an agency’s subsequent decision on a given matter in the absence of a contested case hearing required by due process constitutes a “final decision and order” from which an aggrieved party may appeal pursuant to HRS § 91-14. 131 Hawaiʻi at 203, 317 P.3d at 37 .

2025Simply put, BLNR’s denial of Sierra Club’s hearing request was followed by agency action that ended the proceedings. 13 In Kilakila, this court reaffirmed that an agency’s subsequent decision on a given matter in the absence of a contested case hearing required by due process constitutes a “final decision and order” from which an aggrieved party may appeal pursuant to HRS § 91-14. 131 Hawaiʻi at 203, 317 P.3d at 37.

2008Comm’n, 53 Haw. 431, 433 , 495 P.2d 1180, 1182 (1972); see also Jordan v. Hamada, 64 Haw. 451, 458 , 643 P.2d 73, 75-76 (1982) (explaining that, in order to have standing to appeal an agency decision pursuant to HRS § 91-14, "the aggrieved person must have participated in the contested case from which the decision affecting him resulted” (citations omitted)).

2008Comm’n, 53 Haw. 431, 433 , 495 P.2d 1180, 1182 (1972); see also Jordan v. Hamada, 64 Haw. 451, 458 , 643 P.2d 73, 75-76 (1982) (explaining that, in order to have standing to appeal an agency decision pursuant to HRS § 91-14, "the aggrieved person must have participated in the contested case from which the decision affecting him resulted” (citations omitted)).

2025Light Co., 145 Hawai᷾i at 22, 445 P.3d at 694 (holding that an aggrieved party who participated in a contested case but did not formally intervene had standing to appeal under HRS § 91-14). 36 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** support of this contention, MLN cites to the ICA’s previous opinion in Pavsek, in which the ICA stated that “the plain language of [HRS § 46-4(a)] clearly manifests the Legislature’s intent to create a private right of action.” 127 Hawai‘i at 397, 279 P.3d at 62 .

2025Light Co., 145 Hawai᷾i at 22, 445 P.3d at 694 (holding that an aggrieved party who participated in a contested case but did not formally intervene had standing to appeal under HRS § 91-14). 36 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** support of this contention, MLN cites to the ICA’s previous opinion in Pavsek, in which the ICA stated that “the plain language of [HRS § 46-4(a)] clearly manifests the Legislature’s intent to create a private right of action.” 127 Hawai‘i at 397, 279 P.3d at 62.

2025Res., 112 Hawai‘i 28, 40-42, 143 P.3d 1230, 1242-44 (2006), abrogated on other grounds by, Tax Found. of Haw. v. State, 144 Hawai‘i 175, 439 P.3d 127 (2019) (requiring petitioner to file a written petition no later than ten days following Board denial of request for contested case in order to reserve ability to appeal pursuant to HRS § 91-14). 8 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** Hawaiian traditional and customary practices, under article XII, section 7 of the Hawai‘i Constitution,4 and constitutionally protected right to a clean and healthful environmental

2025In Maui Lani, the county planning commission approved the permit at issue after a public hearing, at which future members and officers of Maui Lani Neighbors, Inc. (MLN) testified. 156 Hawaiʻi at 526, 575 P.3d at 616.

2025See Maui Lani Neighbors, Inc. v. State (Maui Lani), 156 Hawaiʻi 520, 533, 542, 575 P.3d 610, 623, 632 (2025) (holding that the circuit court lacked jurisdiction to hear claims that challenged the substance of the commission's approval of a county special use permit, where plaintiff failed to exhaust the administrative remedies available to it under HRS § 91-14). 2 Alternative vehicles for judicial review -- such as HRS § 632-1 declaratory relief, a direct action for breach of trust under state constitutional public trust provisions, or an original action for a Coastal Zone Management Act (CZMA

2021We may disregard a "particular contention if the appellant makes no discernible argument in support of that position." Hawaii Ventures, LLC v. Otaka, Inc., 114 Hawai#i 438, 478-79, 164 P.3d 696, 736-37 (2007) (citation omitted). 7 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER A&B argues that mootness applies to contested case appeals under HRS § 91-14 and that the appeal is moot because DRP's leasehold interest is foreclosed.

2018See , e.g. , Hamilton , 119 Hawai'i at 5 , 193 P.3d at 843 .

2018See , e.g. , Hamilton , 119 Hawai'i at 5 , 193 P.3d at 843 .

2016See Punohu v. Sunn, 66 Haw. 485, 487 , 666 P.2d 1133, 1135 (1983) (“Since the scope of review vested in the circuit court in an appeal pursuant to § 91-14, HRS, is much more limited than the court’s plenary authority in an original action commenced before it, it would be anomalous to permit a declaratory judgment action to be substituted for an appeal from an agency determination in a contested case.”); see also Hawaii’s Thousand Friends v. City and Cty. of Honolulu, 75 Haw. 237, 248 , 858 P.2d 726, 732 (1993) (stating that although an agency’s decision “carries a presumption of validity in a

2016See Punohu v. Sunn, 66 Haw. 485, 487 , 666 P.2d 1133, 1135 (1983) (“Since the scope of review vested in the circuit court in an appeal pursuant to § 91-14, HRS, is much more limited than the court’s plenary authority in an original action commenced before it, it would be anomalous to permit a declaratory judgment action to be substituted for an appeal from an agency determination in a contested case.”); see also Hawaii’s Thousand Friends v. City and Cty. of Honolulu, 75 Haw. 237, 248 , 858 P.2d 726, 732 (1993) (stating that although an agency’s decision “carries a presumption of validity in a

2013It is well established that under Hawai'i Revised Statutes (HRS) § 91-14(a), “[a]ny person aggrieved by a final decision and order in a contested ease ... is entitled to judicial review thereof under this chapter[.]” In Kaleikini v. Thielen, 124 Hawai'i 1, 26 , 237 P.3d 1067, 1092 (2010), this court most recently reaffirmed the principle that a denial of a request for a contested case hearing (or a request to intervene and participate in one) also constitutes a “final decision and order” of an administrative agency from which the aggrieved party may appeal pursuant to HRS § 91-14.

2013It is well established that under Hawai'i Revised Statutes (HRS) § 91-14(a), “[a]ny person aggrieved by a final decision and order in a contested ease ... is entitled to judicial review thereof under this chapter[.]” In Kaleikini v. Thielen, 124 Hawai'i 1, 26 , 237 P.3d 1067, 1092 (2010), this court most recently reaffirmed the principle that a denial of a request for a contested case hearing (or a request to intervene and participate in one) also constitutes a “final decision and order” of an administrative agency from which the aggrieved party may appeal pursuant to HRS § 91-14.

2012We need not resolve whether an "interested person" may appeal an order entered on a petition brought pursuant to HRS § 91-8 Because we conclude that AlohaCare is a "person aggrieved," we need not resolve whether, as asserted by the dissent, AlohaCare had standing to appeal the Decision as an "interested person." See Richard v. Metcalf, 82 Hawai`i 249, 254, 921 P.2d 169, 174 (1996) (listing, "in order from the broadest to the narrowest category, the respective classes of potential litigants under HRS chapters 91 and 92" as "any person," "any interested person," and "persons aggrieved. . . in a

2008Comm’n, 53 Haw. 431, 433 , 495 P.2d 1180, 1182 (1972); see also Jordan v. Hamada, 64 Haw. 451, 458 , 643 P.2d 73, 75-76 (1982) (explaining that, in order to have standing to appeal an agency decision pursuant to HRS § 91-14, "the aggrieved person must have participated in the contested case from which the decision affecting him resulted” (citations omitted)).

2008Comm’n, 53 Haw. 431, 433 , 495 P.2d 1180, 1182 (1972); see also Jordan v. Hamada, 64 Haw. 451, 458 , 643 P.2d 73, 75-76 (1982) (explaining that, in order to have standing to appeal an agency decision pursuant to HRS § 91-14, "the aggrieved person must have participated in the contested case from which the decision affecting him resulted” (citations omitted)).

2008Cf. Camara, 67 Haw. at 216 , 685 P.2d at 797 (holding that appeal from agency decision entitled to deference only if “consistent with legislative purpose”).

2008Cf. Camara, 67 Haw. at 216 , 685 P.2d at 797 (holding that appeal from agency decision entitled to deference only if “consistent with legislative purpose”).

2006For the purposes of an agency appeal under HRS § 91-14, a “final order” is “an order ending the proceedings, leaving nothing further to be accomplished.” Gealon v. Keala, 60 Haw. 513, 520 , 591 P.2d 621, 626 (1979).

2006For the purposes of an agency appeal under HRS § 91-14, a “final order” is “an order ending the proceedings, leaving nothing further to be accomplished.” Gealon v. Keala, 60 Haw. 513, 520 , 591 P.2d 621, 626 (1979).

2006Cf. Citizens, 91 Hawai'i at 102 , 979 P.2d at 1128 (holding that “the issue of standing to appeal an agency decision under HRS § 91-14, decided in [a] prior agency appeal, is not ‘identical’ to ... [t]he issue of ... standing to pursue an action for declaratory relief under HRS § 632-1”).

2006Cf. Citizens, 91 Hawai'i at 102 , 979 P.2d at 1128 (holding that “the issue of standing to appeal an agency decision under HRS § 91-14, decided in [a] prior agency appeal, is not ‘identical’ to ... [t]he issue of ... standing to pursue an action for declaratory relief under HRS § 632-1”).

1997HRS § 91-14 stated: Except as otherwise provided herein, proceedings for review shall be instituted in the circuit court within thirty days after the preliminary ruling or ivithin thirty days after service of the certified copy of the final decision and order of the agency.... 61 Haw. at 10 , 594 P.2d at 1083 (emphasis in case).

1997HRS § 91-14 stated: Except as otherwise provided herein, proceedings for review shall be instituted in the circuit court within thirty days after the preliminary ruling or ivithin thirty days after service of the certified copy of the final decision and order of the agency.... 61 Haw. at 10 , 594 P.2d at 1083 (emphasis in case).

1982See Honolulu Construction and Draying Company v. Terrace Developers, Ltd., 48 Haw. 68, 74 , 395 P.2d 691, 696 (1964); accord, Pittsburgh and West Virginia Railway Company v. United States, 281 U.S. 479, 486 (1930); Terrill v. City of Tacoma, 195 Wash. 275, 277 , 80 P.2d 858, 859 (1938).

1982See Honolulu Construction and Draying Company v. Terrace Developers, Ltd., 48 Haw. 68, 74 , 395 P.2d 691, 696 (1964); accord, Pittsburgh and West Virginia Railway Company v. United States, 281 U.S. 479, 486 (1930); Terrill v. City of Tacoma, 195 Wash. 275, 277 , 80 P.2d 858, 859 (1938).

1982See Honolulu Construction and Draying Company v. Terrace Developers, Ltd., 48 Haw. 68, 74 , 395 P.2d 691, 696 (1964); accord, Pittsburgh and West Virginia Railway Company v. United States, 281 U.S. 479, 486 (1930); Terrill v. City of Tacoma, 195 Wash. 275, 277 , 80 P.2d 858, 859 (1938).

1982See Honolulu Construction and Draying Company v. Terrace Developers, Ltd., 48 Haw. 68, 74 , 395 P.2d 691, 696 (1964); accord, Pittsburgh and West Virginia Railway Company v. United States, 281 U.S. 479, 486 (1930); Terrill v. City of Tacoma, 195 Wash. 275, 277 , 80 P.2d 858, 859 (1938).

1982See Honolulu Construction and Draying Company v. Terrace Developers, Ltd., 48 Haw. 68, 74 , 395 P.2d 691, 696 (1964); accord, Pittsburgh and West Virginia Railway Company v. United States, 281 U.S. 479, 486 (1930); Terrill v. City of Tacoma, 195 Wash. 275, 277 , 80 P.2d 858, 859 (1938).