§607-25 Actions based on failure to obtain
government permit or approvals; attorney's fees and costs. (a) As used in
this section, "development" includes:
(1) The placement or erection of any solid material
or any gaseous, liquid, solid, or thermal waste;
(2) The grading, removing, dredging, mining, pumping,
or extraction of any liquid or solid materials; or
(3) The construction or enlargement of any structure
requiring a discretionary permit.
(b) As used in this section,
"development" does not include:
(1) The transfer of title, easements, covenants, or
other rights in structures or land;
(2) The repair and maintenance of existing
structures;
(3) The placement of a portable structure costing
less than $500; or
(4) The construction of a structure which only
required a building permit and for which a building permit could be granted
without any discretionary agency permit or approval.
(c) For purposes of this section, the permits
or approvals required by law shall include compliance with the requirements for
permits or approvals established by chapters 6E, 46, 54, 171, 174C, 180C, 183,
183C, 184, 195, 195D, 205, 205A, 266, 342B, 342D, 342F, 342H, 342J, 342L, and
343 and ordinances or rules adopted pursuant thereto under chapter 91.
(d) For purposes of this section, compliance
with the procedural requirements established by chapter 343 and rules pursuant
to chapter 343 constitute a discretionary agency approval for development.
(e) In any civil action in this State where a
private party sues for injunctive relief against another private party who has
been or is undertaking any development without obtaining all permits or
approvals required by law from government agencies:
(1) The court may award reasonable attorneys' fees
and costs of the suit to the prevailing party;
(2) The court shall award reasonable attorneys' fees
and costs of the suit to the prevailing party if the party bringing the civil
action:
(A) Provides written notice, not less than
forty days prior to the filing of the civil action, of any violation of a
requirement for a permit or approval to:
(i) The government agency responsible for
issuing the permit or approval which is the subject of the civil action;
(ii) The party undertaking the development
without the required permit or approval; and
(iii) Any party who has an interest in the
property at the development site recorded at the bureau of conveyances; and
(B) Posts a bond in the amount of $2,500 to
pay the attorneys' fees and costs provided for under this section if the party
undertaking the development prevails;
(3) Notwithstanding any provision to the contrary in
this section, the court shall not award attorneys' fees and costs to any party
if the party undertaking the development without the required permit or
approval failed to obtain the permit or approval due to reliance in good faith
upon a written statement, prepared prior to the suit on the development, by the
government agency responsible for issuing the permit or approval which is the
subject of the civil action, that the permit or approval was not required to
commence the development. The party undertaking the development shall provide
a copy of the written statement to the party bringing the civil action not more
than thirty days after receiving the written notice of any violation of a requirement
for a permit or approval; and
(4) Notwithstanding any provision to the contrary in
this section, the court shall not award attorney's fees and costs to any party
if the party undertaking the development applies for the permit or approval
which is the subject of the civil action within thirty days after receiving the
written notice of any violation of a requirement for a permit or approval and
the party undertaking the development shall cease all work until the permit or
approval is granted. [L 1986, c 80, §2; am L 1990, c 20, §1; am L 1995, c 69,
§15; am L 1996, c 82, §6; am L 1997, c 2, §12]
Revision Note
Pursuant to §23G-15, in:
(1) Subsection
(e)(1), (2)(A)(iii) and (B), and (3), punctuation changed; and
(2) Subsection
(e)(2)(A)(iii) and (3), "and" added after ending punctuation.
Law Journals and Reviews
Enforcement of Environmental Laws in Hawai`i. 16 UH L. Rev.
85 (1994).
Ala Loop and the Private Right of Action Under Hawai`i
Constitution Article XI, Section 9: Charting a Path Toward a Cohesive
Enforcement Scheme. 33 UH L. Rev. 367 (2010).
The Moon Court's Environmental Review Jurisprudence:
Throwing Open the Courthouse Doors to Beneficial Public Participation. 33 UH
L. Rev. 581 (2011).
Intervening in the Public's Interest Before the Maui County
Planning Commission, Hawai`i. 44 UH L. Rev. 1 (2022).
Case Notes
Under this section, attorneys' fees may be awarded to: (1) a
member of the public who prevails against a private party who has been or is
undertaking development without obtaining all permits or approvals required by
law from governmental agencies; and (2) a defendant private party who prevails
against a plaintiff who has brought a frivolous suit. 86 H. 132, 948 P.2d 122
(1997).
Where plaintiff's claims were not frivolous, award of
attorneys' fees to defendants not warranted under this section. 86 H. 132, 948
P.2d 122 (1997).
Where nothing in this section indicates that this section
should provide the exclusive means for awarding attorney's fees and costs
against a party for a violation of chapter 343, this section was not the
exclusive means for awarding attorney's fees and costs for violations of
chapter 343; also, this section did not prevent an award of attorney's fees
against defendant Superferry pursuant to the private attorney general
doctrine. 120 H. 181, 202 P.3d 1226 (2009).
Where there was no record in the case that defendant Superferry
qualified under subsection (e) as a private party that was "undertaking
development without obtaining all permits or approvals required by law",
trial court erred in awarding plaintiff attorney's fees and costs against
defendant based on this section. 120 H. 181, 202 P.3d 1226 (2009).
In the circumstances of the case, art. XI, §9 of the Hawaii
constitution created a private right of action to enforce chapter 205, and the
legislature confirmed the existence of that right of action by enacting this
section, which allows for the recovery of attorneys' fees in such actions;
chapter 205 is a law relating to environmental quality within the meaning of art.
XI, §9, section 9 is self-executing, and §205-12 imposes "reasonable
limitations and regulations" that were applicable to the case which
allowed the private right of action to enforce chapter 205. 123 H. 391, 235
P.3d 1103 (2010).
Notes of Decisions
Sierra Club v. Dep't of Transp. of the State, 202 P.3d 1226 (Haw. 2009).
· cites it 112× “The trial court erred in awarding Plaintiffs their attorney’s fees and costs against Hawaii Superferry pursuant to Haw.Rev.Stat. § 607-25.... 3. The trial court erred in awarding Plaintiffs their attorney’s fees and costs against Hawaii Superferry pursuant to the private…”
Cnty. of Hawai'i v. Ala Loop Homeowners, 235 P.3d 1103 (Haw. 2010).
· cites it 152× “In its application, Ala Loop argues, inter alia, that Pono was wrongly decided because it failed to consider article XI, section 9 of the Hawai`i State Constitution [4] and HRS § 607-25 (Supp.2002). [5] On August 5, 2009, Wai`ola filed a response in opposition (response) to the…”
Kaleikini v. Yoshioka., 304 P.3d 252 (Haw. 2013).
· cites it 12× “2011) (providing for fees ”[i]n any civil action in this State where a private party sues for injunctive relief against another private party who has been or is undertaking any development without obtaining *463 all permits or approvals required by law from government agencies”)…”
Kahana Sunset Owners Ass'n v. Maui Cnty. Council, 948 P.2d 122 (Haw. 1997).
· cites it 18× “ATTORNEYS’ FEES UNDER HRS § 607-25 ARE NOT WARRANTED HRS § 607-25 provides in pertinent part: (e) In any civil action in this State where a private party sues for injunctive relief against another private party who has been or is undertaking any development without obtaining all…”
Sierra Club v. Dep't of Transp., 167 P.3d 292 (Haw. 2007).
· cites it 2× “2d 122, 124 (1997) (citing to legislative history of HRS § 607-25, in which the legislature made reference to the constitutional amendment, stating that '‘[t]he legislature finds that article XI, section 9, of the Constitution of the State of [Hawai'i] has given the public…”
Maui Lani Neighbors v. State, 542 P.3d 1222 (Haw. App. 2023).
· cites it 12× “The court also relied on HRS § 607-25 as reflecting the legislature's determination that chapter 205 is an environmental quality law for purposes of article XI, section 9.”
Hall v. Dep't of Land & Nat. Resources, 290 P.3d 525 (Haw. App. 2012).
· cites it 6× “With respect to Count 8, Hall alleged that Defendants failed to obtain required permits and approvals for the MPC Project and the disinterment of burials, and she sought attorney’s fees and costs pursuant to HRS § 607-25(e)(1) (Supp.2011). 21 HRS § 607-25(e)(l) only applies to…”
Protect & Preserve Kahoma Ahupua'a Ass'n v. Maui Plan. Comm'n. (Haw. 2021).
· cites it 8× “Additionally, HRS § 607-25 (Supp. 1997), which authorizes the recovery of attorney’s fees against private parties who undertake development without the approvals required under various laws, including chapter 205A, also “reflects the legislature’s determination that chapter…”
Cnty. of Hawaii v. Ala Loop Homeowners, 203 P.3d 676 (Haw. App. 2009).
· cites it 11× “The Circuit Court erred when it failed to award the Association its attorneys' fees under HRS § 607-25 (e) (1); 3. The Circuit Court erred when it determined that HRS § 607-25 did not include Wai`ola's activities of operating the school on the Property and that such activities…”
Nakoa III v. Governor of the State of Hawai'i. (Haw. 2025).
· cites it 4× “HRS § 607-25 (2016) allows a private party to recover attorney fees and costs against another private party who develops land without government agencies’ permits or approvals.”
— Haw. Rev. Stat. § 607-25(a) — 1 case
Sierra Club v. Dep't of Transp. of the State, 202 P.3d 1226 (Haw. 2009).
“The trial court erred in awarding Plaintiffs their attorney’s fees and costs against Hawaii Superferry pursuant to Haw.Rev.Stat. § 607-25.... 3. The trial court erred in awarding Plaintiffs their attorney’s fees and costs against Hawaii Superferry pursuant to the private…”
— Haw. Rev. Stat. § 607-25(b) — 1 case
Sierra Club v. Dep't of Transp. of the State, 202 P.3d 1226 (Haw. 2009).
“The trial court erred in awarding Plaintiffs their attorney’s fees and costs against Hawaii Superferry pursuant to Haw.Rev.Stat. § 607-25.... 3. The trial court erred in awarding Plaintiffs their attorney’s fees and costs against Hawaii Superferry pursuant to the private…”
— Haw. Rev. Stat. § 607-25(c) — 3 cases
Cnty. of Hawai'i v. Ala Loop Homeowners, 235 P.3d 1103 (Haw. 2010).
“In its application, Ala Loop argues, inter alia, that Pono was wrongly decided because it failed to consider article XI, section 9 of the Hawai`i State Constitution [4] and HRS § 607-25 (Supp.2002). [5] On August 5, 2009, Wai`ola filed a response in opposition (response) to the…”
Kahana Sunset Owners Ass'n v. Maui Cnty. Council, 948 P.2d 122 (Haw. 1997).
“ATTORNEYS’ FEES UNDER HRS § 607-25 ARE NOT WARRANTED HRS § 607-25 provides in pertinent part: (e) In any civil action in this State where a private party sues for injunctive relief against another private party who has been or is undertaking any development without obtaining all…”
Protect & Preserve Kahoma Ahupua'a Ass'n v. Maui Plan. Comm'n. (Haw. 2021).
“Additionally, HRS § 607-25 (Supp. 1997), which authorizes the recovery of attorney’s fees against private parties who undertake development without the approvals required under various laws, including chapter 205A, also “reflects the legislature’s determination that chapter…”
— Haw. Rev. Stat. § 607-25(c)(2016) — 1 case
Maui Lani Neighbors v. State, 542 P.3d 1222 (Haw. App. 2023).
“The court also relied on HRS § 607-25 as reflecting the legislature's determination that chapter 205 is an environmental quality law for purposes of article XI, section 9.”
— Haw. Rev. Stat. § 607-25(e) — 4 cases
Sierra Club v. Dep't of Transp. of the State, 202 P.3d 1226 (Haw. 2009).
“The trial court erred in awarding Plaintiffs their attorney’s fees and costs against Hawaii Superferry pursuant to Haw.Rev.Stat. § 607-25.... 3. The trial court erred in awarding Plaintiffs their attorney’s fees and costs against Hawaii Superferry pursuant to the private…”
Cnty. of Hawai'i v. Ala Loop Homeowners, 235 P.3d 1103 (Haw. 2010).
“In its application, Ala Loop argues, inter alia, that Pono was wrongly decided because it failed to consider article XI, section 9 of the Hawai`i State Constitution [4] and HRS § 607-25 (Supp.2002). [5] On August 5, 2009, Wai`ola filed a response in opposition (response) to the…”
Kaleikini v. Yoshioka., 304 P.3d 252 (Haw. 2013).
“2011) (providing for fees ”[i]n any civil action in this State where a private party sues for injunctive relief against another private party who has been or is undertaking any development without obtaining *463 all permits or approvals required by law from government agencies”)…”
Maui Lani Neighbors v. State, 542 P.3d 1222 (Haw. App. 2023).
“The court also relied on HRS § 607-25 as reflecting the legislature's determination that chapter 205 is an environmental quality law for purposes of article XI, section 9.”
— Haw. Rev. Stat. § 607-25(e)(1) — 3 cases
Cnty. of Hawai'i v. Ala Loop Homeowners, 235 P.3d 1103 (Haw. 2010).
“In its application, Ala Loop argues, inter alia, that Pono was wrongly decided because it failed to consider article XI, section 9 of the Hawai`i State Constitution [4] and HRS § 607-25 (Supp.2002). [5] On August 5, 2009, Wai`ola filed a response in opposition (response) to the…”
Hall v. Dep't of Land & Nat. Resources, 290 P.3d 525 (Haw. App. 2012).
“With respect to Count 8, Hall alleged that Defendants failed to obtain required permits and approvals for the MPC Project and the disinterment of burials, and she sought attorney’s fees and costs pursuant to HRS § 607-25(e)(1) (Supp.2011). 21 HRS § 607-25(e)(l) only applies to…”
— Haw. Rev. Stat. § 607-25(e)(2) — 2 cases
Cnty. of Hawai'i v. Ala Loop Homeowners, 235 P.3d 1103 (Haw. 2010).
“In its application, Ala Loop argues, inter alia, that Pono was wrongly decided because it failed to consider article XI, section 9 of the Hawai`i State Constitution [4] and HRS § 607-25 (Supp.2002). [5] On August 5, 2009, Wai`ola filed a response in opposition (response) to the…”
Cnty. of Hawaii v. Ala Loop Homeowners, 203 P.3d 676 (Haw. App. 2009).
“The Circuit Court erred when it failed to award the Association its attorneys' fees under HRS § 607-25 (e) (1); 3. The Circuit Court erred when it determined that HRS § 607-25 did not include Wai`ola's activities of operating the school on the Property and that such activities…”
— Haw. Rev. Stat. § 607-25(e)(3) — 1 case
Sierra Club v. Dep't of Transp. of the State, 202 P.3d 1226 (Haw. 2009).
“The trial court erred in awarding Plaintiffs their attorney’s fees and costs against Hawaii Superferry pursuant to Haw.Rev.Stat. § 607-25.... 3. The trial court erred in awarding Plaintiffs their attorney’s fees and costs against Hawaii Superferry pursuant to the private…”
— Haw. Rev. Stat. § 607-25(e)(l) — 3 cases
Sierra Club v. Dep't of Transp. of the State, 202 P.3d 1226 (Haw. 2009).
“The trial court erred in awarding Plaintiffs their attorney’s fees and costs against Hawaii Superferry pursuant to Haw.Rev.Stat. § 607-25.... 3. The trial court erred in awarding Plaintiffs their attorney’s fees and costs against Hawaii Superferry pursuant to the private…”
Cnty. of Hawai'i v. Ala Loop Homeowners, 235 P.3d 1103 (Haw. 2010).
“In its application, Ala Loop argues, inter alia, that Pono was wrongly decided because it failed to consider article XI, section 9 of the Hawai`i State Constitution [4] and HRS § 607-25 (Supp.2002). [5] On August 5, 2009, Wai`ola filed a response in opposition (response) to the…”
Hall v. Dep't of Land & Nat. Resources, 290 P.3d 525 (Haw. App. 2012).
“With respect to Count 8, Hall alleged that Defendants failed to obtain required permits and approvals for the MPC Project and the disinterment of burials, and she sought attorney’s fees and costs pursuant to HRS § 607-25(e)(1) (Supp.2011). 21 HRS § 607-25(e)(l) only applies to…”
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