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DEDMAN v. BD. OF LAND & NATURAL RESOURCES

Nos. 11126 and 11334.

740 P.2d 28 (1987)

Ralph Palikapu O'Kamohoalii DEDMAN and Dr. Noa Emmett Auwae Aluli, Intervenors-Appellants, and Volcano Community Association, et al., Petitioners, v. BOARD OF LAND AND NATURAL RESOURCES, et al., Appellees. Ralph Palikapu O'Kamohoalii DEDMAN and Dr. Noa Emmett Auwae Aluli, Petitioners-Appellants, and Lehua Lopez, et al., Petitioners, v. BOARD OF LAND AND NATURAL RESOURCES, et al., Appellees.

Supreme Court of Hawaii.

July 14, 1987.

Attorney(s) appearing for the Case

Yuklin Aluli, Honolulu, for appellants Dedman, Aluli in No. 11126 and for appellant Aluli in No. 11334.

Steven C. Moore, Boulder, Colo., Native American Rights Fund, for appellant Dedman in No. 11334.

William H. Tam, Honolulu, Deputy Atty. Gen., for appellees Bd. of Land and Natural Resources and Susumu Ono.

Benjamin Matsubara (Stephanie A. Rezents and Edsel M. Yamada with him on the briefs; Ukishima and Matsubara, of counsel), Honolulu, for The Estate of James Campbell and The True/Mid-Pacific Geothermal Venture.

Allan T. Murakami and Melody K. Mackenzie, Native Hawn. Legal Corp., Honolulu, for appellant Dedman in No. 11334.

Patricia K. O'Toole, Hilo, Deputy Corp. Counsel, for appellee County of Hawaii.

Before LUM, C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and HEEN, Intermediate Court of Appeals Associate Judge, in place of WAKATSUKI, J., excused.

LUM, Chief Justice.

I.

This appeal presents us with various challenges to the approval of the development of geothermal energy in the Kilauea Middle East Rift Zone ("KMERZ") on the island of Hawaii. The two separate appeals taken from the decisions of the Board of Land and Natural Resources ("Board") were consolidated at oral argument as they present similar facts and issues to this court. Hawaii Rules of Appellate Procedure 3(b).

Both cases challenge...

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