LUM YIP KEE, LTD. v. CITY AND COUNTY OF HONOLULU

No. 12663.

767 P.2d 815 (1989)

LUM YIP KEE, LIMITED, a Hawaii corporation, Plaintiff-Appellant/Cross-Appellee, v. CITY AND COUNTY OF HONOLULU, a Hawaii municipal corporation, Defendant-Appellee/Cross-Appellant, and The Save Date-Laau Committee, a Hawaii unincorporated association, Intervenor-Defendant-Appellee/Cross-Appellant.

Supreme Court of Hawaii.

January 10, 1989.


Attorney(s) appearing for the Case

Melvin Y. Kaneshige (Andrew V. Beaman and Leroy E. Colombe, of counsel, Chun, Kerr & Dodd, and Asa M. Akinaka with him, on the briefs), Honolulu, for plaintiff-appellant/cross-appellee Lum Yip Kee, Ltd.

Jane H. Howell (Gary M. Yokoyama, on the cross-appeal opening brief) Deputy Corp. Counsels, Honolulu, for defendant-appellee/cross-appellant City and County of Honolulu.

Chad K. Taniguchi (Corey Y.S. Park with him on the brief, of counsel, Paul, Johnson & Alston), Honolulu, for intervenor-defendant-appellee/cross-appellant The Save Date Laau Committee.

Daniel R. Foley and Alan B. Burdick, Honolulu, for amicus curiae Save Sandy Beach Initiative Coalition.

R. Charles Bocken, Steven H. Levinson, and Robert H. Thomas, of counsel Damon, Key, Char & Bocken, Honolulu, for amici curiae Kaiser Hawaii Kai Development Co. & Kaiser Development Co.

Before LUM, C.J., NAKAMURA, HAYASHI, and WAKATSUKI, JJ., and Intermediate Court of Appeals Judge HEEN in Place of PADGETT, J., Recused.


LUM, Chief Justice.

In this case, landowner Lum Yip Kee, Ltd., challenges the validity of two ordinances changing the land use designation of its property from "High Density Apartment" to "Low Density Apartment." The first ordinance was adopted by the voters of the City and County of Honolulu through the "initiative" process.1 The second ordinance was adopted by the Honolulu City Council as part of the City's annual development plan review...

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