SANDY BEACH DEFENSE FUND v. CITY COUNCIL

No. 12879.

773 P.2d 250 (1989)

SANDY BEACH DEFENSE FUND, Friends of Queen's Beach, Life of the Land, Shirley M. Lum, Philip I. Estermann, Elizabeth G. Matthews and Ursula Retherford, Appellants-Appellants, v. CITY COUNCIL OF THE CITY AND COUNTY OF HONOLULU and Kaiser Development Company, Appellees-Appellees, and Kaiser Hawaii Kai Development Company, Intervenor-Appellee. SANDY BEACH DEFENSE FUND, Friends of Queen's Beach, Life of the Land, Shirley M. Lum, Philip I. Estermann, Elizabeth G. Matthews and Ursula Retherford, Plaintiffs-Appellants, v. CITY COUNCIL OF the CITY AND COUNTY OF HONOLULU, Defendant-Appellee, and Kaiser Hawaii Kai Development Company and Kaiser Development Company, Intervenors-Appellees.

Supreme Court of Hawaii.

April 18, 1989.


Attorney(s) appearing for the Case

Ronald A. Albu (Gerard A. Jervis, with him on the briefs), Kailua, for appellants Sandy Beach Defense Fund.

Jane H. Howell, Deputy Corp. Counsel, City and County of Honolulu, Honolulu, for appellee City Council of the City and County of Honolulu.

Kenneth R. Kupchak (R. Charles Bocken and Robert H. Thomas, with him on the answering brief and Kamala J. Larsen, with them on the supplemental brief; of counsel, Damon, Key, Char & Bocken), Honolulu, for appellees Kaiser Hawaii Kai Dev. Co. and Kaiser Dev. Co.

Steven S. Michaels, Deputy Atty. Gen., on the brief, Honolulu, for amicus curiae, State of Hawaii.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.


LUM, Chief Justice.

This appeal involves a challenge to the validity of the procedures employed by Appellee, the City and County of Honolulu ("County") when acting upon applications for Special Management Area ("SMA") use permits pursuant to the Coastal Zone Management Act ("CZMA"), Hawaii Revised Statutes ("HRS"), Chapter 205A. Appellants, residents and community groups, challenge the County's issuance of an SMA use permit to Appellee Kaiser Development Co. ("Kaiser...

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