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KAISER HAWAII KAI DEV. v. HONOLULU

No. 13286.

777 P.2d 244 (1989)

KAISER HAWAII KAI DEVELOPMENT COMPANY, a Nevada corporation, and Kaiser Development Company, a California corporation, Plaintiffs-Appellees and Richard Lyman, Jr., Matsuo Takabuki, Myron B. Thompson, William S. Richardson, and Henry H. Peters, Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate, Plaintiffs-Intervenors-Appellees, v. CITY AND COUNTY OF HONOLULU, a Hawaii municipal corporation; Raymond K. Pua, in his capacity as City Clerk for the City and County of Honolulu; and the Save Sandy Beach Initiative Coalition, Defendants-Appellants.

Supreme Court of Hawaii.

June 21, 1989.

Attorney(s) appearing for the Case

Daniel R. Foley (Alan B. Burdick with him on the briefs), Honolulu, for appellant-defendant The Save Sandy Beach Initiative Coalition.

Jane H. Howell, Deputy Corp. Counsel, Honolulu, for appellants-defendants City and County of Honolulu and Raymond K. Pua.

Kenneth Kupchak (Robert H. Thomas, R. Charles Bocken, Steven H. Levinson and Kamala J. Larsen, with him on the briefs of Damon, Key, Char & Bocken), Honolulu, for plaintiffs-appellees.

C. Michael Hare (Gail M. Tamashiro and Constance C. Arvis, with him on the briefs of Cades, Schutte, Fleming & Wright), Honolulu, for appellees-plaintiffs-intervenors.

Before NAKAMURA, Acting C.J., HAYASHI and WAKATSUKI, JJ., HEEN, Intermediate Court of Appeals Judge, in place of LUM, C.J., recused, and TANAKA, Intermediate Court of Appeals Judge, in place of PADGETT, J., recused.

WAKATSUKI, Judge.

In this case, the majority of this court filed an order affirming the decision of the circuit court on May 17, 1989. The basis of the affirmance is the following opinion.

I.

Bishop Estate is the fee owner of a tract of land divided into two segments, which are designated as Golf Course 5 and Golf Course 6, in the Kalama Valley area in East Honolulu. Kaiser Hawaii Kai Development Company (Kaiser) has the legal right to possess and...

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