§205A-6 - Cause of action. - Hawaii Statutes

     §205A-6  Cause of action.  (a)  Subject to chapters 661 and 662, any person or agency may commence a civil action alleging that any agency:

     (1)  Is not in compliance with one or more of the objectives, policies, and guidelines provided or authorized by this chapter within the special management area and the waters from the shoreline to the seaward limit of the State's jurisdiction; or

     (2)  Has failed to perform any act or duty required to be performed under this chapter; or

     (3)  In exercising any duty required to be performed under this chapter, has not complied with the provisions of this chapter.

     (b)  In any action brought under this section, the lead agency, if not a party, may intervene as a matter of right.

     (c)  A court, in any action brought under this section, shall have jurisdiction to provide any relief as may be appropriate, including a temporary restraining order or preliminary injunction.

     (d)  Any action brought under this section shall be commenced within sixty days of the act which is the basis of the action.

     (e)  Nothing in this section shall restrict any right that any person may have to assert any other claim or bring any other action. [L 1977, c 188, pt of §3; am L 1979, c 200, §5]

 

Case Notes

 

  Judicial intervention under this section should not precede resolution of issues by administrative agency.  69 H. 81, 734 P.2d 161.

  Section allowed plaintiff to bring generic declaratory action under §632-1 without the need to proceed under this section.  75 H. 237, 858 P.2d 726.