Office of Conservation and Coastal Lands

regarding Conservation District Enforcement File OA-07-31 regarding alleged unauthorized repair / reconstruction of a boulder revetment within the conservation district located at Mokulēʻia, Island of Oʻahu, TMK (1) 6-8-003:018.

The Board of Land and Natural Resources will hear oral arguments on the above referenced contested case on August 26, 2017, commencing at 8 a.m in the Board of Land and Natural Resources Conference Room, 1151 Punchbowl Street, Honolulu. Oral arguments will be limited to 30 minutes for each party.

On June 25, 2015 the Hearings Officer filed and served on the parties his “Proposed Revised Findings of Fact, Conclusions of Law, & Decision and Order: On Remand” for consideration by the Board of Land and Natural Resources (“Board”) in the above-captioned matter pursuant to Hawai ‘i Administrative Rules (HAR) § 13-1-41. The Board adopted the Hearings Officer’s report as the proposal for decision by Minute Order Number 20 on June 26, 2015.

The parties were allowed to file exceptions and responsive briefs to exceptions, and made oral argument before the Board on August 28, 2015. The Board prepared new Proposed Revised Findings of Fact, Conclusions of Law, & Decision and Order: On Remand (“Proposed Decision and Order”), reflecting revised findings and conclusions to that of the Hearings Officer, and including finding, inter alia, that the parties applied the 2011 version of HAR chapter 13-5, rather than the 1994 version in the initial contested case proceeding, Circuit Court appeal, and remand. The Board’s Proposed Decision and Order has been served on the parties.

The following documents are being hosted online to support the Board in their decision making:

Documents regarding proposed revised findings of fact, conclusions of law, & decision and order (June 2015 – August 2017)

• Hawaii Administrative Rules (HAR) Chapter 13-5 (1994)
• Page 5-28 from HAR Chapter 13-5 (1994)
• Minute Order 22 (amended), Order regarding proposed revised findings of fact, conclusions of law, & decision and order; Order setting deadline for exceptions, and setting hearing on exceptions
• Board of Land and Natural Resources’ proposed revised findings of fact, conclusions of law, & decision and order on remand 
• Petitioner / appellee Department of Land and Natural Resources / Office of Conservation and Coastal Lands’ exceptions to the Board of Land and Natural Resources’ proposed revised findings of fact, conclusions of law, & decision and order on remand
• Landowners Elizabeth Dailey and Michael K. Dailey’s response to exceptions to proposed findings of fact, conclusions of law, & decision and order on remand

 

Documents from first contested case hearing (May 2007 – June 2014)

• OCCL staff report to the Board of Land and Natural Resources regarding Conservation District Enforcement File OA-07-31 regarding alleged unauthorized repair / reconstruction of a boulder revetment within the conservation district located at Mokulēʻia, Island of Oʻahu, TMK (1) 6-8-003:018
• Notice to landowners of Board finding of violation  for the unauthorized repair / reconstruction of a boulder revetment within the conservation district
• Petition for a contested case hearing by Elizabeth M. Dailey and Michael K. Dailey
• Board of Land and Natural Resources’ final findings of fact, conclusions of law, decision and order

 

Documents from appeal to the First Circuit Court (July 2015 – March 2015)

• Notice of appeal to the Circuit Court, Elizabeth Dailey, et al. plaintiffs, v. Department of Land and Natural Resources, et. al., defendants; Designation of record on appeal; Appellants Elizabeth Dailey’s and Michael Dailey’s Statement of the Case
• Appellee Board of Land and Natural Resources’ answer to appellants Elizabeth Dailey’s and Michael Dailey’s statement of the case  
• Appellants Elizabeth Dailey and Michael Dailey’s reply brief in the Circuit Court of the First Circuit
• Transcript of proceedings in the Circuit Court of the First Circuit, Elizabeth Dailey, et al. plaintiffs, v. Department of Land and Natural Resources, et. al., defendants

 

Documents from the contested case on remand (June 2015 – August 2015)

• Circuit Court order remanding proceedings to amend findings of fact, conclusions of law and decision and order
• Notice to members of the Board regarding ex parte communication
• Hearing Officer’s revised proposed findings of fact, conclusions of law, & decision and order: on remand
• Minute Order 20, Order adopting Hearing Officer’s proposed findings of fact, conclusions of law, & decision and order: on remand;  Order setting deadline for exceptions, and setting hearing on exceptions
• Landowners Elizabeth Dailey and Michael K. Dailey’s exceptions and objections to the Hearing Officers’s revised findings of fact, conclusions of law, & decision and order on remand; Exhibits “A-C”
• Appellee Board of Land and Natural Resources’ answer to appellants Elizabeth Dailey’s and Michael Dailey’s statement of the case  filed July 11, 2014; COS

 

The complete record is available for review at the Office of Conservation and Coastal Lands, Room 131, 1151 Punchbowl Street, Honolulu, Hawaiʻi.