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MELEMANU WOODLANDS COMMUNITY ASS'N, INC. v. KOGA

No. 5459.

533 P.2d 867 (1975)

MELEMANU WOODLANDS COMMUNITY ASSOCIATION, INC., Plaintiff-Appellant, v. George KOGA, Individually and in his capacity as Chairman of the City Council of the City and County of Honolulu, et al., Defendants-Appellees.

Supreme Court of Hawaii.

April 9, 1975.

Attorney(s) appearing for the Case

David W. Hall, Honolulu (Hart, Sherwood, Leavitt & Blanchfield & Hall, Honolulu, of counsel), for plaintiff-appellant.

Robert M. Rothwell, Deputy Corp. Counsel, Honolulu (Richard K. Sharpless, Corp. Counsel, City and County of Honolulu, Honolulu, of counsel), for defendants-appellees.

Before RICHARDSON, C. J., KOBAYASHI, OGATA and MENOR, JJ., and FONG, Circuit Judge, assigned by reason of vacancy.

OGATA, Justice.

This is an appeal by plaintiff, a nonprofit corporation, from a judgment of the court below in favor of defendants and against the plaintiff. For the reasons hereinafter set forth, we vacate the judgment and dismiss the complaint.

On October 4, 1972, the planning commission of the city and county of Honolulu (hereinafter commission) held a public hearing on the application of Headrick Development, Inc., (hereinafter HDI) for Melemanu Woodlands...

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