H.B. 1628 Summary

• Adds new section 6E to Chapter 6E, Hawaii Revised Statutes, establishing attorney's fees and costs provisions for historic preservation litigation.

• Requires courts to assess reasonable attorney's fees and costs against non-prevailing parties when their claims or defenses are found to be frivolous.

• Allows courts to award reasonable attorney's fees and costs to prevailing parties in historic preservation actions where claims or defenses are not found to be frivolous.

• Permits courts to assess costs, expenses, and reasonable attorney's fees against the department when it does not prevail, if the litigation vindicated important public policy, was necessary for private enforcement, and benefited a broad number of people.