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12 U. Haw. L. Rev. 181 (1990)
Kaiser Hawaii Kai Development Company v. City and County of Honolulu: Zoning by Initiative in Hawaii

handle is hein.journals/uhawlr12 and id is 187 raw text is: Kaiser Hawaii Kai Development Company v. City and County of Honolulu: Zoning by Initiative in Hawaii I. INTRODUCTION In Kaiser Hawaii Kai Development Company v. City and County of Honolulu1 (Sandy Beach), the Hawaii Supreme Court ruled that the initiative procedure is not a valid means of rezoning because it is inconsistent with the Hawaii Zoning Enabling Act's requirements that land use and zoning decisions be made in accordance with, and for the purpose of, implementing a long-range, compre- hensive general plan.' Specifically, the court held that initiative proposals adopted by the electorate to downzone two tracts of land from residential to preservation were invalid.s The facts of the case are presented in Part II of this note. Part III provides an historical overview of zoning by initiative. The Hawaii Supreme Court's ruling in Sandy Beach is analyzed in Part IV, and the impact of this decision on the future of zoning by initiative is discussed in Part V. II. FACTS The Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate (Bishop Estate)4 are the fee simple owners of the 30.9 acre parcel of land that was the subject of the initiative in the present matter.5 The land, which is divided into two segments (Golf Course 5 and Golf Course 6), is located in ' 70 Haw. 480, 777 P.2d 244 (1989). 2 Id. at 489, 777 P.2d at 250. 3 Id. ' Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate were Matsuo Takabuki, Myron B. Thompson, William S. Richardson, and Henry H. Peters. Trustee Richard Lyman, Jr., who was one of the original parties to the action, died on December 23, 1988. ' In 1884, the will of Princess Bernice Pauahi Bishop designated Bishop Estate the owner of the land for the purpose of establishing a perpetual trust for the education of Native Hawaiians. See Hawaii Hous. Auth. v. Lyman, 68 Haw. 54, 66 n.7, 704 P.2d 888, 894 n.7 (1985).

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