COUNTY OF KAUAI v. PACIFIC STANDARD LIFE INS.

No. 8267.

653 P.2d 766 (1982)

COUNTY OF KAUAI, Petitioner-Appellee, v. PACIFIC STANDARD LIFE INSURANCE COMPANY, Graham Beach Partners, Respondents-Appellees. COMMITTEE TO SAVE NUKOLII, Respondent-Appellant, v. Eduardo E. MALAPIT, in his capacity as Mayor of the County of Kauai, Third Party Defendant-Appellee.

Supreme Court of Hawaii.

Reconsideration Denied December 6, 1982.


Attorney(s) appearing for the Case

Sidney M. Wolinsky, San Francisco, Cal. (Karen M. Holt and Lawrence D. McCreery, San Francisco, Cal., on briefs), for respondent-appellant.

Walton D.Y. Hong, Lihue (Masuoka & Hong, Lihue, of counsel), for respondents-appellees.

Michael J. Belles, Deputy County Atty., Lihue, County of Kauai, for petitioner-appellee and third-party defendant-appellee.

Morris Shinsato, County Atty., and Michael K. Abe, Second Deputy County Atty., County of Kauai, for petitioner-appellee, County of Kauai, and third-party defendant-appellee Eduardo E. Malapit, in his capacity as Mayor of the County of Kauai, on the motions.

Edward A. Jaffee, Richard R. Clifton and Milton M. Yasunaga, Honolulu (Cades Schutte Fleming & Wright, Honolulu, of counsel), Walton D.Y. Hong, Lihue (Masuoka & Hong, Lihue, of counsel), Leon Silverman and Sheldon Raab, New York City, (Fried, Frank, Harris, Shriver & Jacobson, New York City, of counsel), and Fred P. Bosselman, Chicago, Ill., (Ross, Hardies, O'Keefe, Babcock & Parsons, Chicago, Ill., of counsel), for respondents-appellees Pacific Standard Life Insurance Company and Graham Beach Partners, on the motions.

Before RICHARDSON, C.J., LUM, J., GREIG, Circuit Judge, in place of NAKAMURA, J., Recused, and OGATA and MENOR, Retired Justices, Assigned Temporarily.


RICHARDSON, Chief Justice.

This appeal considers the effect of a county referendum nullifying a zoning ordinance that had authorized resort development at Nukolii, Kauai, when (1) the referendum petition drive began before the developers applied for any government permits, (2) the referendum issue was certified before any permits were issued, and (3) the referendum vote occurred after the county government had approved the developers' resort plans and had issued building...

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