Price V. Zoning Board Of Appeals
Hawaii Supreme Court
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The plaintiffs-appellants Kamuela Price and Doctor Nui Price, also known as Maui Loa, (the Prices) appeal from the circuit court's decision and order affirming an adverse decision of the Zoning Board of Appeals of the City and County of Honolulu (ZBA) determining that the Prices had violated the City and County of Honolulu's (the City) Land Use Ordinance (LUO).*fn1 On appeal, the Prices contend that: (1) the assessment of fines by the director of the City's department of land utilization (DLU) prior to the contested case hearing violates their constitutional right to due process of law; (2) the ZBA exceeded its authority by making a direct finding that a zoning violation had occurred; and (3) the ZBA's "Conclusion" that a lunch wagon business was being operated on the Prices' property was clearly erroneous.