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PEARL RIDGE ESTATES, ETC. v. LEAR SIEGLER

No. 7934.

648 P.2d 702 (1982)

PEARL RIDGE ESTATES COMMUNITY ASSOCIATION and Dr. R. Reginald Patterson, Appellants, v. LEAR SIEGLER, INC., a Delaware corporation; Lear Siegler Properties, Inc., a Delaware corporation; Amfac-Trousdale, a Hawaii Joint Venture; Department of Planning and Economic Development, State of Hawaii; Department of General Planning, City & County of Honolulu; the Land Use Commission of the State of Hawaii; Life of the Land, a Hawaii non-profit corporation; Lloyd Gomes; Charles H. Nakagawa; Sieera Club, Hawaii Chapter; Anna Kaohelaulii; Pig Hunters Association of Oahu and Steve Rohrmayr, Appellees.

Supreme Court of Hawaii.

Reconsideration Denied August 2, 1982.

Attorney(s) appearing for the Case

Scott R. Nakagawa, Honolulu, for appellants.

Francis M. Izumi, Honolulu, for appellees Lear Siegler, Inc. and Lear Siegler Properties, Inc.

Benjamin M. Matsubara, Honolulu (Ukishima & Matsubara, Honolulu, of counsel), for appellee Land Use Commission.

Steven S.C. Lim, Deputy Corp. Counsel, City and County of Honolulu, Honolulu, for appellee Dept. of General Planning.

Before RICHARDSON, C.J., LUM, NAKAMURA and PADGETT, JJ., and MENOR, Retired Justice, in place of HAYASHI, J., recused.

PADGETT, Judge.

This is an appeal from an order of the Circuit Court of the First Circuit affirming a Land Use Commission decision and order reclassifying certain property situate Kalauao, District of Ewa, Oahu, Hawaii from conservation to urban. We reverse.

The decision and order of the Land Use Commission (hereinafter "LUC") was filed August 30, 1979.

Section 343-5(a)(2), HRS as amended by Act 197 of the Session Laws of 1979, provides:

Except...

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