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THIRTY VOTERS OF CTY. OF KAUAI v. DOI

No. 7217.

599 P.2d 286 (1979)

In the Matter of THIRTY VOTERS OF the COUNTY OF KAUAI on Behalf of Themselves and All Other Voters of the County of Kauai, Plaintiffs, v. Nelson K. DOI, as Lieutenant Governor and Chief Election Officer of the State of Hawaii, and the Office of Lieutenant Governor of Hawaii, and Tad T. Miura as County Clerk of the County of Kauai, and the Office of the County Clerk, County of Kauai, State of Hawaii, Defendants.

Supreme Court of Hawaii.

August 23, 1979.

Attorney(s) appearing for the Case

Michael R. Salling, Lehua Fernandes Salling, Kappa, Kauai, for plaintiffs.

Michael J. Belles, Deputy County Atty., Lihue, Kauai, for defendants Tad T. Miura and Office of the Kauai County Clerk.

Michael S. Glass, Deputy Atty. Gen., Honolulu, for defendants Lieutenant Governor and Chief Election Officer of the State of Hawaii.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., KOBAYASHI, Retired Justice, and LUM, Circuit Judge, assigned by reason of vacancies.

PER CURIAM.

This is an original action seeking to set aside, on the basis of improper ballot and unlawful election procedures, the results of the election held on November 7, 1978, in which an initiative measure limiting the power of the Kauai County planning commission to grant building height variances was narrowly defeated.

The stipulated facts show that, pursuant to the initiative and referendum provisions of the Kauai County Charter, a group calling itself...

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