§205-3 Retention of district boundaries.
Land use district boundaries existing as of June 2, 1975, shall continue in full
force and effect subject to amendment as provided in this chapter or order of a
court of competent jurisdiction based upon any litigation filed prior to July 1,
1975, or filed within thirty days after service of a certified copy of any final
decision and order made as part of the commission's 1974 periodic boundary review,
whichever occurs later. [L 1963, c 205, pt of §2; Supp, §98H-3; am L 1975, c 193,
§4; HRS §205-3]
Revision Note
"June 2, 1975"
substituted for "the effective date of this Act" pursuant to §23G-15.
Attorney General Opinions
Statute contemplates and
authorizes changes in classification as originally proposed and as finally adopted,
and to require new notice and hearing whenever there is any change is too burdensome.
Att. Gen. Op. 71‑2.
Notes of Decisions
Town v. Land Use Comm'n, 524 P.2d 84 (Haw. 1974).
· cites it 36× “The approval of the Yagi petition was rendered in violation of HRS §§ 205-3 and 205-4 as well as Land Use Regulation 2.”
Cnty. of Hawai'i v. Ala Loop Homeowners, 235 P.3d 1103 (Haw. 2010).
· cites it 2× “After sixty days but within one hundred and twenty days of the original receipt of a petition, the commission shall advertise a public hearing to be held on the appropriate island in accordance with the requirements of section 205-3.”
Windward Partners v. Delos Santos, 577 P.2d 326 (Haw. 1978).
· cites it 2× “2d at 726 : In a retaliatory eviction proceeding, the crucial question is not whether the statute is designed to aid tenants, but whether it depends for its effectiveness on private initiative and would thus be emasculated by allowing punitive evic-tion 8 Prior to the 1975…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.