Quimbee logo
DMCA.com Protection Status
From our private database of 18,300+ case briefs...

Topliss v. Planning Commission

Intermediate Court of Appeals of Hawaii
9 Haw. App. 377, 842 P.2d 648 (1993)


Larry T. Topliss (plaintiff) filed two petitions with the Planning Commission of the County of Hawaii (Commission) (defendant). The first petition (Permit Petition) was for a Special Management Area (SMA) permit pursuant to Hawaii’s Coastal Zone Management Act (CZMA) in order to develop two multi-story office buildings on Topliss’s property. The stated purpose of the CZMA was to protect the environment and resources of Hawaii’s coastal zone, including by protecting line of sight to the sea. Topliss’s property came under the purview of the CZMA when the Commission designated his property as part of an SMA. The Commission denied the Permit Petition. Topliss appealed, and the third circuit court remanded the matter to the Commission for entry of findings of fact and conclusions of law. Meanwhile, Topliss filed his second petition (the Boundary Petition) with the Commission to amend the SMA boundaries to exclude his property. The Commission then issued findings of fact and conclusions of law denying both the Boundary Petition and Topliss’s request for reconsideration of the Permit Petition. The Commission held that Topliss’s property merited inclusion in the SMA because the area had been found in 1980 to be subject to rapid growth, and because further development would interfere with “scenic viewplanes.” The Commission further held that the Permit Petition should be denied because the development of Topliss’s property would have adverse effects on the public roadways in the area, including increased congestion, decreased pedestrian safety, and increased vehicular accidents. Topliss appealed both denials to the third circuit court, which affirmed both denials. Topliss appealed.

Rule of Law


Holding and Reasoning (Heen, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 487,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 487,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,300 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial