Norrie v. Maui County Board of Variances and Appeals

── Norrie v. Maui County Board of Variances and Appeals ── Court: Hawaii Intermediate Court of Appeals Date: May 08, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 08-MAY-2026 07:59 AM Dkt. 82 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I STEWART NORRIE, individually and as Trustee of the Stewart Norrie Trust, Appellants-Appellants, v. MAUI COUNTY BOARD OF VARIANCES AND APPEALS; JACKY TAKAKURA, in her official capacity as Director of the Department of Planning for the County of Maui, 1 DEPARTMENT OF PLANNING, COUNTY OF MAUI, Appellees-Appellees APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 2CCV-XX-XXXXXXX) SUMMARY DISPOSITION ORDER (By: Nakasone, Chief Judge, Leonard and Guidry, JJ.) This secondary appeal challenges the revocation of the appellant's bed and breakfast (B&B) permit and imposition of a two-year ban on any future B&B permit applications, by Appellees-Appellees Department of Planning, County of Maui 1 Pursuant to Hawai‘i Rules of Appellate Procedure Rule 43(c)(1), Jacky Takakura, the current Director of the Department of Planning for the County of Maui, is automatically substituted as Appellee-Appellee herein in place of Michele Mclean.  NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER (Department) and sustained by the Maui County Board of Variances and Appeals (BVA) (collectively, County). Appellant-Appellant Stewart Norrie (Norrie) claims the BVA did not comply with a mandatory 45-day decision deadline in its own rules, and that as a result, the "automatic approval" provision under Hawaii Revised Statutes (HRS) § 91-13.5 should apply. We reverse. Norrie appeals from the September 21, 2023 "Findings of Fact, Conclusions of Law, and Decision & Order" (Circuit Court Order) and October 6, 2023 "Final Judgment," both filed and entered by the Circuit Court of the Second Circuit (Circuit Court). 2 The Circuit Court Order affirmed the BVA's January 31, 2022 "Findings of Fact, Conclusions of Law, and Decision and Order" (BVA Order), which in turn, affirmed the Department's revocation of Norrie's B&B permit (Permit) and banned Norrie from future B&B permit applications for two years. On appeal, 3 Norrie contends that the Circuit Court erred by: (1) not deciding "whether the BVA committed reversible error by violating its own rules," specifically the 45-day decision deadline applicable to contested cases under Rules of Practice and Procedure for the BVA (BVA Rules) § 12-801-60; 4 2 The Honorable Kelsey T. Kawano presided. 3 Norrie's points of error (POEs) have been reordered and restated for clarity. 4 BVA Rule § 12-801-60, entitled "Issuance of decisions and orders," requires adverse decisions and orders in contested cases to be issued within 45 days of oral argument, as follows: Every decision and order adverse to a party to the proceeding, rendered by the board in a contested case, shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. . . . Such decisions and orders in contested cases shall be rendered within forty-five days from the presentation of oral argument by the parties. (Emphasis added) (internal citations omitted.)