§322-26  Hearing, decision.  Upon
receiving any appeal from the comptroller, the court shall appoint three
disinterested persons who shall sit as a board to hear and determine the appeal
in conformity with chapter 91.  They shall have power to determine whether or
not the land is deleterious to the public health and whether the improvements
of the nature designated in the notice are required, and if the improvements
are not required, what, if any, improvements are required in order to render
the lands sanitary.  The board shall also have power upon any appeal to
determine the amount to be in conformity with section 322-30, apportioned to
and assessed against each lot or parcel for drains or ditches and for the lands
acquired therefor and for all other cost, if any, of the drainage system, and
whether or not any lands are improperly included in or excluded from the
drainage district.  The decision of a majority of the board as to the necessity
and nature and extent of the improvements and as to the apportionment of the
cost of any drainage system shall be final and conclusive upon all parties in
interest, unless an appeal is taken as provided in chapter 91.  The board shall
appoint a time and place for hearing, first giving reasonable notice thereof to
the director of health, the comptroller, and the owner or occupant of the land
in question.  Service of notice shall be as provided in section 322-24.  As
compensation for their services each member of the board is entitled to receive
$5 for each day of actual service. [L 1896, c 61, §5; am L 1911, c 112, §5; am
L 1915, c 190, §4; RL1925, §980; RL 1935, §1330; RL 1945, §2721; RL 1955,
§47-25; am L 1965, c 96, §30; HRS §322-26]



 



Rules of Court



 



  Appeal, see HRCP rule 72.



 



Case Notes



 



  Finality of judgment under prior law not invalid because of
no recourse to courts, but could be attacked on ground of no facts supporting
it.  22 H. 327, 346.