LIFE OF THE LAND v. CITY COUNCIL, ETC.

No. 7240.

606 P.2d 866 (1980)

LIFE OF THE LAND, INC., a Hawaii nonprofit Corporation by itself and on behalf of its members; the Council of Presidents, an unincorporated Hawaii association, by itself and on behalf of its members; E. Cooper Brown, Individually and on behalf of officers and members of Life of the Land; and Charles Ice, Individually, Plaintiffs-Appellants, v. CITY COUNCIL OF THE CITY AND COUNTY OF HONOLULU; Marilyn Bornhorst, personally and in her representative capacity as Chairperson and President of City Council; Kekoa D. Kaapu, George Koga, Frank W.C. Loo, George Akahane, Daniel Clement, Jr., W. Sandy Holck, Toraki Matsumoto, and Rudy Pacarro, personally and in their representative capacities as members of City Council; Frank F. Fasi, in his representative capacity as Mayor of the City and County of Honolulu; George S. Moriguchi, in his representative capacity as Director of the Department of Land Utilization of the City and County of Honolulu; and Howard Shima, in his representative capacity as Director of the Building Department of the City and County of Honolulu, Defendants-Appellees, and The Victoria Partnership, a Hawaii limited partnership, and the Admiral Thomas Venture, a Hawaii joint venture, in its capacity as the General Partner of the Victoria Partnership, Defendants-Intervenors-Appellees, and The First United Methodist Church, Intervening Defendant-Appellee.

Supreme Court of Hawaii.

January 11, 1980.


Attorney(s) appearing for the Case

Fred Paul Benco, Honolulu (Walter P. Zulkoski and Paul McCarthy, Honolulu, with him on the briefs), for plaintiffs-appellants.

Joseph T. Kiefer and William E. Atwater, Honolulu (Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel), for defendants-intervenors-appellees.

Ronald B. Mun, Deputy Corp. Counsel, City & County of Honolulu, Honolulu, for defendants-appellees.

Susan M. Ichinose and Warren Y. Kunimoto, Honolulu (Mukai, Ichiki, Raffetto & Macmillan, Honolulu, of counsel), for intervening defendant-appellee, First United Methodist Church.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., and MARUMOTO, Retired Justice and CHANG, Circuit Judge, Assigned by Reason of Vacancies.


OPINION OF THE COURT

MARUMOTO, Justice.

This case arose in connection with a project, known as The Admiral Thomas, for the development by The Victoria Partnership and The Admiral Thomas Venture (the Developers), of a parcel of land in Honolulu, owned by the First United Methodist Church, under a development agreement executed by the Church and the Developers on August 22, 1975.

The Victoria Partnership is a Hawaii limited partnership, and The Admiral...

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