Hawai'i Legal News

  Wolcott v. Administrative Director of the Courts, State of Hawai'i (HSC December 21, 2020) Background. Justin Wolcott was arrested for operating a vehicle while under the influence of an intoxicant. Wolcott refused to submit his blood or breath for chemical testing to determine his blood-alcohol concentration. Because he refused, the police informed of the following:   If you refuse to take any tests and your record to operate a vehicle shows three or more prior alcohol or drug enforcement contacts during the ten years preceding the date the notice of administrative revocation was issued, your license and privilege to operate a vehicle will be revoked for ten years.   Wolcott was informed that an “alcohol enforcement contact” meant any revocation order, a conviction for OUI in Hawai'i or any other jurisdiction. Wolcott signed the acknowledgement.   Weeks later the Administrative Driver’s License Revocation Office conducted a review of the case and re...

McGrail v. Admin. Dir. of Courts (ICA July 18, 2013) Background. Patrick McGrail was arrested for operating a vehicle while under the influence of an intoxicant. In her police report, HPD Officer Jasmine McGuire wrote that she was in her car driving eastbound on Kalakaua Avenue “in the mauka most lane” when she saw a sedan ahead of her with no tail lights. McGuire wrote that the vehicle was “moving unsmooth” and “made a left turn onto Pau Street without signaling.” McGuire followed the sedan onto Pau Street, where it continued “making unsmooth movements while changing lanes[.]” McGuire wrote that she saw the sedan hit a sidewalk with its passenger side tire, but no damages were reported. Then the sedan “jerk[ed] suddenly away from the curb and turn left onto Ala Wai Boulevard” and straight toward another curb. McGuire then conducted a traffic stop. Officer Marc Cobb-Adams came to the scene. McGuire briefed Cobb-Adams and Cobb-Adams conducted field sobriety maneuvers on McGrail....

In re: Application of Wai'ola O Moloka'i, Inc. (ICA June 14, 2012) Background. Waiola O Moloka'i, Inc. is a wholly owned subsidiary of Moloka'i Properties Limited and provides water services for residents, businesses, churches, and Maui County parks for most of western and central Moloka'i. The water comes from mountain sources on the island and is purchased from the Moloka'i Public Utilities--another subsidiary of MPL and the Department of Hawaiian Home Lands. In 1993, Waiola got a Certificate of Public Convenience and Necessity to provide water to residential, commercial, and agricultural customers on the island. In 2008, MLP announced that all business operations were coming to an end. The Consumer Advocate requested to the PUC that MPL keep the water on. The PUC granted the request and ordered Waiola to continue providing water to the island until it transferred its certificate or returned it back to the PUC. In 2009, Waiola applied for a rate increase...

Lee v. United Public Workers (ICA June 29, 2011) Background. Amy Lee was an adult corrections officer for the Department of Public Safety and a member of the United Public Workers union. While working, she hurt her back and shoulder. The injuries left her unable to perform the usual and customary duties of an ACO. She returned to light duties and opted to participate in a State-run program in which she would be terminated if she could not find an alternative job. She was unable to find a suitable job and was terminated by the State. The UPW, at Lee's request, filed a grievance with the director of the Department of Public Safety. The collective bargaining agreement (CBA) provided that only the union could pursue the grievance once it was denied by the director of the department. The Department of Public Safety denied the grievance and the UPW notified Lee that it would not pursue the matter any further. Lee filed a complaint in the circuit court against her uni...

HGEA v. Lingle (HSC September 8, 2010) Background. Governor Lingle issued Executive Order 09-02, which ordered certain State employees to be furloughed for 72 days over a two-year period; their pay would be automatically adjusted. Their union, the Hawai'i Government Employees Association, filed a complaint in the circuit court seeking declaratory relief. HGEA argued that the governor could not unilaterally impose furloughs because it impinges on their right to collective bargaining, which is protected by the Hawai'i Constitution. Haw. Const. Art. XIII, sec. 2 as well as their rights under HRS chapter 89. HGEA also filed a motion for a preliminary injunction. The circuit court granted the motion in part and concluded that the Order did infringe upon the worker's right to collective bargaining. The circuit court also concluded that the Order unilaterally--and therefore, unlawfully--alters the workers' wages. The circuit court rejected Lingle's argum...

Kaleikini v. Theilen (HSC August 18, 2010) Background. General Growth Properties (GGP) discovered remains of ancient Hawaiians, or iwi, on its property near Ward Center in Honolulu. GGP discovered the iwi as it was constructing the Ward Village Shops. A hearing was held before the Oahu Island Burial Council. At the hearing, GGP sought permission to remove the iwi into an area that would be safe. GGP also maintained that there was no way to alter the current construction plan. Keleikini testified at the hearing. She opposed GGP's plan and testified that she is a "cultural descendant" of the iwi and that Native Hawaiian cultural practices require undisturbed treatment of the iwi. Kaleikini argued that GGP should have been more careful in their construction plans. The burial council approved of GGP's plan. Kaleikini wrote a letter to the Department of Land and Natural Resources (DLNR) to review the burial council's decision at a contested case ...

Unite Here! v. City and County of Honolulu (HSC April 8, 2010) Background. In the 1980s Kuilima proposed to expand its 487-room hotel and 18-hole golf course by constructing three additional hotels, renovating the existing golf course, building another golf course, erecting a condominium unit, a commercial complex, clubhouse, tennis courts, and equestrian center on the North Shore of Oahu. The project called for a new wastewater treatment plant, water wells, reservoirs, water lines, highway improvements, a wildlife preserve, and public and private parks. In 1985, Kuilima prepared and filed an environmental impact statement with the Office of Environmental Quality Center. After public commentary and revisions, the 1985 EIS studied changes and projections going up to the year 2000. No major construction for the project occurred for more than 20 years. In 2005, Kuilima applied at the City and County's Department of Planning and Permitting for a subdivision of 744 acres ...

Hui Malama I Na Kupuna O Nei v. Wal-Mart (ICA December 16, 2009) Background. Wal-Mart bought vacant land off of Ke'eaumoku Street in Honolulu. Before the purchase, numerous studies had been done on the land. All suggested no significant archaeological or historical sites were present. Old maps also showed that there was nothing of archaeological or historical interest. Wal-Mart also conducted a private assessment, which concluded nothing present. Wal-Mart applied for building permits from the City and County of Honolulu. The City checked a computer database check, which included information on properties listed on state and federal national historic registers and locations of known burials and sites provided by the Dept. of Land and Natural Resources. The database check showed that the property had been used for commercial purposes for over fifty years. The City issued the building permits without conferring with the State Historic Preservation Division (SHPD) at all. ...