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OUTDOOR CIRCLE v. HAROLD K.L. CASTLE TRUST

Nos. 8554, 9025.

675 P.2d 784 (1983)

OUTDOOR CIRCLE; Congress of Hawaiian People; Kailua Neighborhood Board; Kailua Community Council; The American Association of University Women, Windward Branch; Social Concerns Committee of the Windward Coalition of Churches; The Lanikai Association; The Hawaii Federation of Garden Clubs, Inc.; Council of Presidents; Representative Faith Evans; Arthur R. Beaumont; Hope Gray Miller; and Department of General Planning, City and County of Honolulu, Appellants, v. HAROLD K.L. CASTLE TRUST ESTATE; Harold K.L. Castle; Henry H. Wong; Michael C. Baldwin Trust, et al.; State of Hawaii, Land Use Commission; and State of Hawaii, Department of Planning and Economic Development, Appellees. DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT, STATE OF HAWAII, Appellant, v. LAND USE COMMISSION, State of Hawaii; Harold K.L. Castle, et al.; Department of General Planning, City and County of Honolulu; and The Ad Hoc Committee for Kawainui, Appellees. SHORELINE PROTECTION ALLIANCE; Outdoor Circle; Congress of Hawaiian People; Environmental Education Association of Hawaii; Hawaiian Trail & Mountain Club; Kailua Neighborhood Board; Kailua Community Council; Kaneohe Community Council; The Kailua, Hawaii Branch of the American Association of University Women; Social Concerns Committee of the Windward Coalition of Churches; The Lanikai Association; The Hawaii Federation of Garden Clubs, Inc.; The Maunawili Community Association; Council of Presidents Policy Committee; Representative Faith P. Evans; Representative Andrew K. Poepoe; Dorothy Babineau; Arthur R. Beaumont; Hope M. Gray Miller; and Manuel N. Sproat; Appellants, v. HAROLD K.L. CASTLE TRUST ESTATE; Harold K.L. Castle; Henry H. Wong; Michael C. Baldwin Trust, et al; State of Hawaii, Department of Planning & Economic Development; State of Hawaii, Land Use Commission; and Department of General Planning, City and County of Honolulu, Appellees.

Intermediate Court of Appeals of Hawaii.

December 9, 1983.

Attorney(s) appearing for the Case

Jack F. Schweigert, Honolulu (Earl Ignatius Gettelfinger, Honolulu, with him on the reply brief; Schweigert & Associates, Honolulu, of counsel), for appellants Outdoor Circle, et al.

Benjamin M. Matsubara, Honolulu (Mervyn M. Kotake, Honolulu, with him on the brief; Ukishima & Matsubara, Honolulu, of counsel), for appellee Land Use Com'n, State of Hawaii.

Lloyd Y. Asato, Honolulu (Morio Omori, Honolulu, with him on the brief), for appellees Harold K.L. Castle Trust Estate, Harold K.L. Castle, Henry H. Wong, Michael C. Baldwin Trust, et al.

Before BURNS, C.J., TANAKA, J., and RONALD B. GREIG, Circuit Judge, in place of HEEN, J., Recused.

TANAKA, Judge.

These appeals are from the April 17, 1979 order entered in the consolidated case of First Circuit Court Civil Nos. 54296 and 54303, which constitute our No. 9025, and from the November 4, 1981 decision filed in First Circuit Court Civil No. 59608, which is our No. 8554. The order and decision, in essence, affirmed the decisions and orders of the Land Use Commission (LUC) denying the reclassification of 244.15 acres of land located at Kailua, Oahu, near...

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