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KAISER DEVELOPMENT COMPANY v. CITY AND COUNTY OF HONOLULU

Nos. 87-2689, 87-2690.

898 F.2d 112 (1990)

KAISER DEVELOPMENT COMPANY, aka Kacor Development Company, a California corporation; Kaiser Hawaii Kai Development Co., a Nevada corporation, Plaintiffs, and Richard Lyman, Jr.; Matsuo Takabuki; Myron B. Thompson; William S. Richardson; Henry H. Peters, Jr., Plaintiffs/Intervenors-Appellants, v. CITY AND COUNTY OF HONOLULU, a municipal corporation, Defendant-Appellee. KAISER DEVELOPMENT COMPANY aka Kacor Development Company, a California corporation; Kaiser Hawaii Kai Development Co., a Nevada corporation, Plaintiffs-Appellants, and Richard Lyman, Jr.; Matsuo Takabuki; Myron B. Thompson; William S. Richardson; Henry H. Peters, Jr., Plaintiffs/Intervenors, v. CITY AND COUNTY OF HONOLULU, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 21, 1990.

Attorney(s) appearing for the Case

Barbara R. Banke and Jess S. Jackson, San Francisco, Cal., for plaintiffs-appellants.

Gideon Kanner, Burbank, Cal., for plaintiffs-intervenors.

H. Bissell Carey, III and Steven L. Richards, Robinson & Cole, Hartford, Conn., for defendant-appellee.

Mary Gray Holt, Gail Ruderman Feuer, Deputy Attys. Gen., Los Angeles, Cal., for amici curiae; John K. Van de Kamp, Atty. Gen. for the State of Cal.

Before CHAMBERS, O'SCANNLAIN and TROTT, Circuit Judges.

The decision of the district court is affirmed for the reasons stated by Judge King in Kaiser Development Co. v. Honolulu, 649 F.Supp. 926 (D.Haw.1986). We conclude that no other cases decided since the date of that decision change the validity of Judge King's reasoning or the result in this appeal. Among the cases we have considered are Nollan v. California Coastal Comm'n, 483 U.S. 825, 107...

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