Date: 09-26-2024

Case Style:

Case Number: 3CCV-21-178

Judge: Not Available

Court: Third Circuit Court, Hawaii County, Hawaii

Plaintiff's Attorney:

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Defendant's Attorney: Hawaii Attorney General's Office

Description:

Kailua, Hawaii zoning lawyer represented the Plaintiff who sued challenging ordinance banning short-term rental of agricultural land for vacation rentals.

Hawai‘i land use is broadly guided by state law. The
counties play an important role, however. They propose land use
maps to the State, implement the land use scheme through zoning
ordinances, and carve out permissible exceptions to the State’s
broad scheme. In 2019, the County of Hawai‘i passed an ordinance
banning short-term vacation rentals in the agricultural district
on lots built after 1976. The Rosehill Petitioners challenge
the County’s ordinance, seeking permission to use farm dwellings
as short-term vacation rentals. We hold that farm dwellings in
the agricultural district may not be used as short-term vacation
rentals because such relief would undermine the purpose of the
agricultural district.

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Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: