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EAST DIAMOND HEAD ASS'N v. ZONING BD. OF APPEALS

No. 4952.

479 P.2d 796 (1971)

EAST DIAMOND HEAD ASSOCIATION, a Private Organization, et al., v. ZONING BOARD OF APPEALS OF the CITY AND COUNTY OF HONOLULU, et al.

Supreme Court of Hawaii.

Rehearing Denied March 4, 1971.

Attorney(s) appearing for the Case

Asa M. Akinaka, Honolulu (Padgett, Greeley, Marumoto & Akinaka, Honolulu, of counsel), for appellants.

Arthur S.K. Fong, Honolulu (Jack H. Mizuha, Honolulu, with him on the brief), for appellee Hawaii Studios, Inc.

Before RICHARDSON, C.J., ABE, LEVINSON and KOBAYASHI, JJ., and KABUTAN, Circuit Judge, in place of MARUMOTO, J., disqualified.

KOBAYASHI, Justice.

This appeal by East Diamond Head Association, hereinafter referred to as "appellant association", and seven individual appellants, comes from a trial court order on November 7, 1969, granting appellees' motion to dismiss.

In issue is this order upholding appellees' construction of Hawaii Administrative Procedure Act, § 91-14(a) (1968), to wit, that neither appellant association nor any individual appellant was a "person aggrieved"...

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