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KAISER DEVELOPMENT CO. v. CITY AND COUNTY OF HONOLULU

Nos. 87-2689, 87-2690.

913 F.2d 573 (1990)

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.

Memorandum Filed March 21, 1990.

Opinion September 4, 1990.

Attorney(s) appearing for the Case

Barbara R. Banke, San Francisco, Cal., for plaintiffs-appellants.

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

H. Bissell Carey, III, Robinson & Cole, Hartford, Conn., for defendant-appellee.

Warren Price, III, Atty. Gen. of the State of Hawaii, Honolulu, Hawaii, for defendant-appellee.

John K. Van de Kamp, Atty. Gen. of the State of Cal., Andrea Sheridan Ordin, Chief Asst. Atty. Gen., N. Gregory Taylor, Theodora Berger, Asst. Attys. Gen., Mary Gray Holt, Gail Ruderman Feuer, Deputy Attys. Gen., Los Angeles, Cal., for amicus curiae, John K. Van de Kamp, Atty. Gen. of the State of Cal.

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

ORDER

The memorandum filed on March 21, 1990, 899 F.2d 18, is amended as follows: [Editor's note—amendments incorporated into text]

As amended, the memorandum is redesignated as a per curiam opinion for publication.

The panel has voted to deny the petitions for rehearing. Judges O'Scannlain and Trott have voted to reject the suggestions for rehearing en banc, and Judge Chambers so recommends. The full court has been advised of the en banc...

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