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`O HALEAKALĀ v. BD. OF LAND AND NAT. RES.

SCWC-13-0003065.

382 P.3d 195 (2016)

Kilakila 'o HALEAKALÂ, Petitioner/Appellant-Appellant, v. BOARD OF LAND AND NATURAL RESOURCES, Department of Land and Natural Resources, Suzanne Case, in her official capacity as Chairperson of the Board of Land and Natural Resources, and University of Hawai`i, Respondents/Appellees-Appellees.

Supreme Court of Hawai`i.

As Corrected October 27, 2016.

Attorney(s) appearing for the Case

David Kimo Frankel , Honolulu and Sharla Ann Manley for petitioner Kilakila 'O Haleakalâ.

Linda L.W. Chow for respondents Board of Land and Natural Resources, Department of Land and Natural Resources, and Suzanne Case, in her official capacity as Chairperson of the Board of Land and Natural Resources.

Lisa Woods Munger , Lisa A. Bail , Kimberly A. Vossman and Christine A. Terada , Honolulu, for respondent University of Hawai`i.

RECKTENWALD, C.J., NAKAYAMA AND McKENNA, JJ., WITH McKENNA, J., CONCURRING SEPARATELY, AND POLLACK, J., DISSENTING SEPARATELY, WITH WHOM WILSON, J., JOINS IN PART, AND WILSON, J., DISSENTING SEPARATELY

This case concerns a conservation district use permit for construction of the Advanced Technology Solar Telescope (ATST) on the island of Maui, in an area at the summit of Haleakalâ that was set aside for astronomical observatories in 1961. Haleakalâ is a site of great cultural and spiritual importance...

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