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PERRY v. PLANNING COM'N OF CTY. OF HAWAII

No. 6382.

619 P.2d 95 (1980)

Delan PERRY; Jenny Parijs; Lesley Hill Higgins and Richard Higgins, Appellants-Appellees, v. PLANNING COMMISSION OF the COUNTY OF HAWAII; County of Hawaii Planning Department; Land Use Commission of the State of Hawaii; Arthur W. Martin, Chairman of the Planning Commission of the County of Hawaii; Eddie Tangen, Chairman of the Land Use Commission of the State of Hawaii; Raymond H. Suefuji, Director of the County of Hawaii Planning Department; Shield-Pacific Ltd., Special Permit Applicant as Developer; and Kapoho Land and Development Company, Special Permit Applicant as Land Owner, Appellees-Appellants.

Supreme Court of Hawaii.

November 7, 1980.

Attorney(s) appearing for the Case

Paul Mark Clark, Hilo, for appellants-appellees.

Robert Ben Tsukazaki, Deputy Corp. Counsel, Hilo (Katsuya Yamada, Deputy Corp. Counsel, Hilo, on briefs), for appellees-appellants, County of Hawaii, Planning Commission, et al.

Stephen K. Yamashiro, Hilo, for appellee-appellant, Shield-Pacific, Ltd.

Gilbert K. Hara, Hilo, for appellee-appellant, Kapoho Land & Development Co. Ltd.

Benjamin M. Matsubara (Joined in opening brief) Sp. Deputy Atty. Gen., Honolulu, for appellees-appellants, Eddie Tangen and Land Use Commission.

Before RICHARDSON, C.J., and OGATA, MENOR, LUM and NAKAMURA, JJ.

NAKAMURA, Justice.

This case is before us on an appeal from an order and judgment of the Circuit Court of the Third Circuit reversing and vacating an order of the Land Use Commission of the State of Hawaii that approved the grant of a special land use permit by the Planning Commission of the County of Hawaii. Appellants here (appellees below) are the government agencies that respectively granted and approved the permit (the...

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