Perry v. Planning Commission of the County of Hawaii

How courts have described this case

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

• ruling that word “shall” may be merely directory when no advantage is lost, when no right is destroyed, or when no benefit is sacrificed, either to the public or to the individual
• allowing property owners adjoining a proposed quarry site within an agricultural district to challenge the LUC’s order approving the grant of a special land use permit authorizing quarrying operations under HRS § 205-6
• allowing property owners adjoining a proposed quarry site within an agricultural district to challenge the LUC's order approving the grant of a special land use permit authorizing quarrying operations under HRS § 205-6
• “ ‘shall’ may be held to be merely directory, when no advantage is lost, when no right is destroyed, when no benefit is sacrificed. ...”
• statute providing planning commission “shall” conduct hearing within prescribed time held nonmandatory
• “the word “shall” may be held to be merely directory when no advantage is lost, when no right is destroyed, when no benefit is sacrificed, either to the public or to the individual, by giving it that construction”

Source: CourtListener parenthetical corpus (CC0).