§322-26  Hearing, decision.  Uponreceiving any appeal from the comptroller, the court shall appoint threedisinterested persons who shall sit as a board to hear and determine the appealin conformity with chapter 91.  They shall have power to determine whether ornot the land is deleterious to the public health and whether the improvementsof the nature designated in the notice are required, and if the improvementsare not required, what, if any, improvements are required in order to renderthe lands sanitary.  The board shall also have power upon any appeal todetermine the amount to be in conformity with section 322-30, apportioned toand assessed against each lot or parcel for drains or ditches and for the landsacquired therefor and for all other cost, if any, of the drainage system, andwhether or not any lands are improperly included in or excluded from thedrainage district.  The decision of a majority of the board as to the necessityand nature and extent of the improvements and as to the apportionment of thecost of any drainage system shall be final and conclusive upon all parties ininterest, unless an appeal is taken as provided in chapter 91.  The board shallappoint a time and place for hearing, first giving reasonable notice thereof tothe director of health, the comptroller, and the owner or occupant of the landin question.  Service of notice shall be as provided in section 322-24.  Ascompensation 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; amL 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 ofno recourse to courts, but could be attacked on ground of no facts supportingit.  22 H. 327, 346.