Morgan v. Planning Department, County of Kauai

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling that if the legislature had intended to grant the commission injunctive powers, it would have done so expressly
• ruling that if the legislature had intended to grant the commission injunctive powers, it would have done so expressly
• ruling that if the legislature 21 FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER had intended to grant the commission injunctive powers, it would have done so expressly
• holding that although HRS chapter 205A does not expressly authorize the Planning Commission to modify permits, the Commission must have jurisdiction to do so to “ensure compliance” with the Coastal Zone Management Act and to “carry out [its] objectives, policies, and procedures”
• addressing the merits of the issue, \notwithstanding [a] technical violation\ by the appellant, because \the issues raised in the instant case are of great importance\
• “ ‘An administrative agency can only wield powers expressly or implicitly granted to it by statute.’ ”

Source: CourtListener parenthetical corpus (CC0).