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SWIRE PROPERTIES v. ZONING BD. OF APPEALS

No. 15158.

826 P.2d 876 (1992)

SWIRE PROPERTIES (HAWAII), LTD., Appellant-Appellant, v. ZONING BOARD OF APPEALS OF the CITY AND COUNTY OF HONOLULU, Jack A.S.L. Ching, Vina Ching, Leonard Schneider, Darlene Marie Schneider, Robert Merrill Scott, Jr., Wayne S. Ishizaki and Phyllis L. Ishizaki, Appellees-Appellees. Donald A. CLEGG, Director of the Department of Land Utilization, City and County of Honolulu, Appellant-Appellant, v. ZONING BOARD OF APPEALS OF the CITY AND COUNTY OF HONOLULU, Jack A.S.L. Ching, Vina Ching, Leonard Schneider, Darlene Marie Schneider, Robert Merrill Scott, Jr., Wayne S. Ishizaki and Phyllis L. Ishizaki, Appellees-Appellees.

Supreme Court of Hawaii.

February 27, 1992.

Attorney(s) appearing for the Case

David Callies (James A. Stubenberg, Jonathan S. Durett, Lorrie Lee Stone and Frederick H. Rohlfing, III, with him on the briefs) Honolulu, for appellant Swire Properties (Hawaii), Ltd.

Donna Woo, Deputy Corp. Counsel, Honolulu, for appellee Zoning Bd. of Appeals.

Harry Yee (William Honda and Morris M. Atta with him on the briefs), Honolulu, for appellees Jack A.S.L. Ching, Vina Ching, Leonard Schneider, Darlene Marie Schneider, and Robert Merrill Scott, Jr.

Daniel F.S. Lee (joined in Answering Brief of Zoning Bd. of Appeals, et al.) attorney of record, Honolulu, for appellees Wayne S. Ishizaki and Phyllis L. Ishizaki

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

LUM, Chief Justice.

This is an appeal of a First Circuit Court decision which affirmed the decision of the Zoning Board of Appeals (ZBA). The ZBA held in favor of the petitioning homeowners (appellees) because appellant Swire Properties1 violated Revised Ordinance of Honolulu (ROH) No. 4421 (1975). We hold that the Zoning Board of Appeals had no jurisdiction to entertain the appeal and the decision of the circuit court is therefore reversed...

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