KEEP THE NORTH SHORE COUNTRY KAHUKU COMMUNITY ASSOCIATION v. ZONING BOARD OF APPEALS CITY AND COUNTY OF HONOLULU DIRECTOR OF THE DEPARTMENT OF PLANNING AND PERMITTING CITY AND COUNTY OF HONOLULU NA PUA MAKANI POWER PARTNERS LLC (2025)

DISSENT FROM THE ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

I respectfully dissent from the order rejecting Petitioners/Plaintiffs-Appellants-Appellants Keep the North Shore Country and Kahuku Community Association's (Petitioners) application for writ of certiorari.

Petitioners have sufficiently asserted constitutionally protected property interests in a clean and healthful environment and in the constitutional right to exercise Native Hawaiian traditional and customary practices. Haw. Const. art. XI, § 9; art. XII, § 7. Petitioners’ rights were impacted by the Director of the Department of Planning and Permitting, City and County of Honolulu's approval of Respondent/Defendant-Appellee-Appellee Na Pua Makani Power Partners, LLC's Conditional Use Permit (CUP) No. 2016/CUP-69; Zoning Waiver No. 2016/W-63; Minor Modifications Nos. 2019/MOD-34 and 2019/MOD-35; CUP No. 2016/CUP-49; and Minor Modification No. 2019/MOD-36.

Based on Petitioners’ constitutionally protected interests, I would accept the application for writ of certiorari to further review the issue of due process notice.

DATED: Honolulu, Hawai‘i, July 23, 2025.

Vladimir P. Devens Associate Justice

(By: Devens, J.)