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IN RE KUKUI (MOLOKAI), INC.

No. 24856.

174 P.3d 320 (2007)

In the Matter OF the CONTESTED CASE HEARING ON the WATER USE PERMIT APPLICATION FILED BY KUKUI (MOLOKAI), INC.

Supreme Court of Hawai`i.

December 26, 2007.

Attorney(s) appearing for the Case

Jon M. Van Dyke, on the briefs, for Intervenor-Appellant Office of Hawaiian Affairs.

Clayton Lee Crowell, Deputy Attorney General, on the briefs, for Intervenor-Appellant Department of Hawaiian Home Lands.

Alan T. Murakami and Moses K.N. Haia, III, of Native Hawaiian Legal Corporation, Honolulu, on the briefs, for Intervenors-Appellants Judy L. Caparida and Georgina Kuahuia.

Jean Polhamus Creadick, Deputy Attorney General, on the briefs, for Appellee Commission on Water Resource Management.

Alan M. Oshima, Randall K. Ishkawa and Scott T. Miyasato, of Oshima Chun Fong & Chung, LLP, Honolulu, on the briefs, for Applicant-Appellee Kaluakoi Land, LLC.

MOON, C.J., LEVINSON, NAKAYAMA, and ACOBA, JJ., and Circuit Judge SAKAMOTO, in place of DUFFY, J., recused.

Opinion of the Court by NAKAYAMA, J.

The present matter involves multiple appeals from the December 19, 2001 final decision and order of the Commission on Water Resource Management ("the Commission") approving Kukui (Moloka`i), Inc.'s ("KMI's") application for water use permits. On appeal, intervenor-appellants (collectively referred to as "Appellants") Department of Hawaiian Home Lands ("DHHL"), Office of Hawaiian Affairs ("OHA"), and Judy Caparida ("Caparida") and...

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