Background
This case came before the Supreme Court of Hawaiʻi on an application for writ of certiorari filed by Petitioner/Plaintiff-Appellee County of Kauaʻi. The application sought review of a decision rendered by the Intermediate Court of Appeals (ICA), which had previously heard the case identified as CAAP-23-0000718 and CAAP-23-0000724. The original case, filed in the circuit court, was 5CCV-22-0000013, involving the County of Kauaʻi and Respondent/Defendant-Appellant B & D Properties, LLC.
The application for certiorari was filed on June 5, 2026, by the County of Kauaʻi, indicating a desire to have the Supreme Court review specific legal issues decided by the ICA. The Supreme Court’s consideration of such an application is discretionary, allowing it to determine which cases warrant further review after lower appellate decisions.
The Court’s Holding
The Supreme Court of Hawaiʻi, composed of Chief Justice Devens and Justices McKenna, Eddins, Ginoza, along with Circuit Judge Morikawa (assigned by reason of vacancy), issued an order on July 29, 2026. This order explicitly rejected the application for writ of certiorari submitted by the County of Kauaʻi.
By rejecting the application, the Supreme Court declined to exercise its discretionary power to review the merits of the case. Consequently, the decision of the Intermediate Court of Appeals remains undisturbed and stands as the final judicial resolution for the matters raised in the certiorari application.
Key Takeaways
- The Supreme Court of Hawaiʻi has the discretion to grant or deny applications for writs of certiorari, meaning not all appeals from lower courts will be heard.
- A rejection of certiorari signifies that the Supreme Court will not review the case, leaving the lower appellate court’s decision as final and binding.
- This order concludes the appellate process for the specific issues presented in the County of Kauaʻi’s application for review.
Why It Matters
The Supreme Court of Hawaiʻi’s rejection of certiorari in County of Kauaʻi v. B & D Properties, LLC is significant as it finalizes the legal dispute as decided by the Intermediate Court of Appeals. For the parties involved, this means the legal arguments and outcomes from the ICA are now conclusive, and there will be no further review by the state’s highest court on the points raised in the certiorari petition.
For legal practitioners, this decision underscores the high bar for obtaining Supreme Court review and the discretionary nature of certiorari. It emphasizes that a denial does not necessarily reflect on the merits of the lower court’s decision but rather on whether the case presents issues of sufficient statewide importance or legal novelty to warrant the highest court’s attention. Therefore, effectively litigating at the intermediate appellate level is crucial, as that decision often becomes the last word.