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KILAUEA NEIGHBORHOOD v. LAND USE COM'N

No. 11884.

751 P.2d 1031 (1988)

KILAUEA NEIGHBORHOOD ASSOCIATION, Plaintiff-Appellant, v. The LAND USE COMMISSION OF the STATE OF HAWAII, Foster Petroleum Corporation, the State of Hawaii Department of Planning and Economic Development, the County of Kauai Planning Department, Defendants-Appellees.

Intermediate Court of Appeals of Hawaii.

March 11, 1988.

Attorney(s) appearing for the Case

Donald H. Wilson (Steven A. Levine, with him on briefs), Lihue, for plaintiff-appellant.

Clinton I. Shiraishi (Shiraishi & Yamada, of counsel), Lihue, Kauai, for Foster Petroleum.

Benjamin M. Matsubara (Edsel M. Yamada, with him on briefs; Ukishima, Matsubara, Lee & Kotake, of counsel), Honolulu, for Land Use Comn.

Everett S. Kaneshige, Deputy Atty. Gen., Honolulu, for Dept. of Planning and Economic Development.

Lorna A. Nishimitsu, Deputy Co. Atty., Lihue, Kauai, for Kauai County.

Before BURNS, C.J., HEEN, J., and Circuit Judge PHILIP T. CHUN in place of Associate Judge TANAKA, excused.

HEEN, Judge.

Appellant Kilauea Neighborhood Association (Kilauea) appeals from the November 14, 1986 circuit court judgment which affirms Defendant State of Hawaii Land Use Commission's (LUC) December 2, 1985 Findings of Fact, Conclusions of Law, Decision and Order (Decision), reclassifying 15 acres of land in Kilauea, Kauai, from agricultural to urban.1

Kilauea contends that the circuit court erred (1) in holding that the findings...

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