MAHA'ULEPU v. LAND USE COM'N

No. 13764.

790 P.2d 906 (1990)

Malama MAHA'ULEPU, Intervenor-Appellant, v. LAND USE COMMISSION, State of Hawaii, Planning Commission, County of Kauai, Ainako Resort Associates, Grove Farm Properties, Inc., and Planning Department, County of Kauai, Defendants-Appellees.

Supreme Court of Hawaii.

April 9, 1990.


Attorney(s) appearing for the Case

Stephen Levine, Lihue, for appellant Malama Maha'Ulepu.

David L. Callies (Dennis M. Lombardi and David Allan Feller, of counsel, Case & Lynch, and Bruce L. Lamon and Carol A. Eblen, of counsel, Goodsill, Anderson, Quinn & Stifel, with him on the brief), Honolulu, for appellees Ainako Resort Associates and Grove Farm Properties, Inc.

Benjamin M. Matsubara and Edsel M. Yamada, of counsel, Matsubara, Lee & Kotake, on the briefs, Honolulu, for appellee State Land Use Comm'n.

Michael J. Belles, County Atty., and Peter M. Wilkens, Deputy County Atty., and Max W.J. Graham, Jr. and Lorna A. Nishimitsu, Sp. Counsel, on the briefs, Lihue, for appellees Planning Comm'n and Planning Dept.

Before LUM, C.J., PADGETT, HAYASHI and WAKATSUKI, JJ., and NAKAMURA, Retired Justice, in Place of MOON, J., Recused.


LUM, Chief Justice.

Appellant Malama Maha'ulepu (Malama), an unincorporated association, challenges a Land Use Commission decision affirming the grant of a special use permit for the construction of a golf course on prime agricultural land in Poipu, Kauai. The question raised in this appeal is whether the provisions of Chapter 205, Hawaii Revised Statutes (HRS) prohibit the county planning commissions and the State Land Use Commission from issuing special use permits...

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