Kellberg v. Yuen

At issue in this case was a forty-nine acre parcel of land. After the County of Hawai’i and the County Planning Director (collectively, County Defendants) gave the subject property’s owners approval to subdivide the property, Plaintiff, an adjacent land owner, filed an action challenging the subdivision approval. The circuit court ultimately granted summary judgment on all counts for the County Defendants, concluding that no genuine issue of material fact existed in this case. The intermediate court of appeals (ICA) vacated the circuit court’s judgment and remanded for an order dismissing the case, concluding that Appellant failed to exhaust his administrative remedies, and therefore, the circuit court lacked jurisdiction to act on the complaint. The Supreme Court vacated the ICA’s judgment and remanded to the ICA for consideration of the remaining issues raised by Plaintiff in his appeal, holding that Appellant did not fail to exhaust administrative remedies.

Kellberg v. Yuen