Kauai County Trial Court Orders Planning Commission to Issue Permits to Allow Water Bottling Operation

[CASE UPDATE: Intermediate Court of Appeals Creates Public Trust Evaluation Criteria for All Boards and Commissions.]

Kauai Springs, a local water bottling company, applied with the Kauai Planning Commission for permits to operate its water bottling company on Kauai.

Despite the Commission having no jurisdiction over the bottling of water on private property from a private water source, and despite the Public Utilities Commission and the Water Commission stating that there were no regulatory issues with the operation, the Planning Commission chose to deny the permits.

On Wednesday, Kauai Springs won its appeal of the commission decision, as trial court Judge Kathleen Watanabe ordered the planning commission to issue the company the permits.

Source: Tom Finnegan, Judge approves company’s permits, Star Bulletin, Aug. 22, 2008.