The Hawaii Supreme Court has rejected an appeal from the County of Kaua'i against B&D Properties, LLC. This decision, made on July 29, 2026, is significant for local land use regulations and could impact future developments in the area.
The case, officially titled County of Kaua'i v. B&D Properties, LLC, was filed under docket number SCWC-23-0000718. The ruling comes after the County of Kaua'i sought a writ of certiorari on June 5, 2026, to challenge a previous decision made by the Intermediate Court of Appeals. The court's rejection of the appeal means that the lower court's ruling stands.
The parties involved in this case are the County of Kaua'i, which is the local government entity responsible for land use and planning, and B&D Properties, LLC, a company operating under the name North Dakota Holdings. The dispute centers around land use regulations and how they apply to B&D Properties’ activities in Kaua'i.
The case reached the Hawaii Supreme Court after the County of Kaua'i was dissatisfied with the Intermediate Court of Appeals' decision. Details about the specific issues raised in the lower courts were not available in the court filing. However, it is clear that the County believed that the appellate court's ruling did not align with local land use policies.
In its ruling, the Hawaii Supreme Court stated, "The application for writ of certiorari is rejected." This brief statement signifies that the court found no substantial reason to review the lower court's decision. The ruling was made by Chief Justice Vladimir P. Devens, along with Justices Sabrina S. McKenna, Todd W. Eddins, Lisa M. Ginoza, and Circuit Judge Trish K. Morikawa, who was assigned due to a vacancy.
The rejection of the County's appeal means that B&D Properties can continue its operations without further legal challenges from the County of Kaua'i regarding the issues raised in this case. This ruling may set a precedent for similar cases involving local governments and property developers, particularly in how land use regulations are interpreted and enforced.
Going forward, this decision may encourage other property developers to pursue projects in Kaua'i, knowing that the Hawaii Supreme Court has upheld the lower court's ruling in favor of B&D Properties. It also raises questions about how local governments can enforce land use regulations and the extent of their authority in disputes with private entities.
Details were not available in the court filing regarding whether the County of Kaua'i plans to appeal this decision further or if there are any related cases pending. The court's ruling effectively closes this chapter of the dispute, but the implications for land use policy in Kaua'i remain to be seen.