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ALULI v. LEWIN

No. 14815.

828 P.2d 802 (1992)

Noa Emmett ALULI, M.D.; Karl Kirkendall; Michael Laplante; Robert Petricci; Steven M. Moser, M.D.; Pele Defense Fund, a Hawaii non-profit corporation, Plaintiffs-Appellants, v. John C. LEWIN, M.D., in his capacity as Director of Health; State of Hawaii, Department of Health, True Geothermal Energy Company, a Wyoming general partnership registered to do business in the State of Hawaii, Defendants-Appellees.

Supreme Court of Hawaii.

Reconsideration Denied April 6, 1992.

Attorney(s) appearing for the Case

Anthony L. Ranken, Wailuku, for plaintiffs-appellants.

Gary B.K.T. Lee (Stephanie A. Rezents and Jason M. Yoshida with him on the briefs of Matsubara, Lee & Kotake, A Law Corporation), Honolulu, for defendant-appellee True Geothermal Energy Co.

John C. Wong (Sonia Faust and Michael Azama with him on the briefs), Deputy Attys. Gen., for defendants-appellees John C. Lewin, M.D., the State of Hawaii, Dept. of Health.

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

WAKATSUKI, Justice.

The appellants filed a complaint in the circuit court seeking declaratory and injunctive relief. Essentially, appellants sought cessation of construction and operations of geothermal wells along a segment of the Kilauea Middle East Rift Zone. The complaint was brought against True/Mid-Pacific Geothermal Venture (True) which was developing the wells and against the State Department of Health (DOH) which issued an air pollution permit authorizing...

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