§205A-6  Cause of action.  (a)  Subjectto chapters 661 and 662, any person or agency may commence a civil actionalleging that any agency:

(1)  Is not in compliance with one or more of theobjectives, policies, and guidelines provided or authorized by this chapterwithin the special management area and the waters from the shoreline to theseaward limit of the State's jurisdiction; or

(2)  Has failed to perform any act or duty required tobe performed under this chapter; or

(3)  In exercising any duty required to be performedunder this chapter, has not complied with the provisions of this chapter.

(b)  In any action brought under this section,the lead agency, if not a party, may intervene as a matter of right.

(c)  A court, in any action brought under thissection, shall have jurisdiction to provide any relief as may be appropriate,including a temporary restraining order or preliminary injunction.

(d)  Any action brought under this sectionshall be commenced within sixty days of the act which is the basis of theaction.

(e)  Nothing in this section shall restrict anyright that any person may have to assert any other claim or bring any otheraction. [L 1977, c 188, pt of §3; am L 1979, c 200, §5]

 

Case Notes

 

  Judicial intervention under this section should not precederesolution of issues by administrative agency.  69 H. 81, 734 P.2d 161.

  Section allowed plaintiff to bring generic declaratory actionunder §632-1 without the need to proceed under this section.  75 H. 237, 858P.2d 726.