Background
Protect Waiehu Ahupuaʻa, Inc. appealed in a civil case involving the Department of Housing and Human Concerns of the County of Maui, the County of Maui, and Genova Construction and Development.
The Intermediate Court of Appeals had issued a memorandum opinion on September 21, 2026. This order addressed a wording error in footnote 11 of that opinion.
The Court’s Holding
The court ordered a correction to the memorandum opinion. It changed the word “father” to “farther” in footnote 11.
As corrected, the footnote states that secondary or indirect impacts are effects caused by an action that occur later in time or are farther removed in distance, but remain reasonably foreseeable under HAR § 11-200.1-2. The clerk was directed to notify publishing agencies of the correction.
Key Takeaways
- The order makes a non-substantive textual correction to the prior memorandum opinion.
- The correction concerns the definition of secondary or indirect impacts under Hawaiʻi environmental-review regulations.
- The court directed notice of the correction to publishing agencies.
Why It Matters
The order preserves the accuracy of the court’s prior discussion of reasonably foreseeable indirect impacts. It does not announce a new merits ruling or alter the disposition stated in the September 21, 2026 memorandum opinion.