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PUBLIC ACCESS SHORELINE v. HAWAII COUNTY PLANNING COM'N

No. 15460.

900 P.2d 1313 (1993)

79 Hawai'i 246

PUBLIC ACCESS SHORELINE HAWAII, by Jerry ROTHSTEIN, its coordinator; and Angel Pilago, Appellants-Appellees, v. HAWAII COUNTY PLANNING COMMISSION, by Fred Y. FUJIMOTO in his capacity as its chairman; and Nansay Hawaii, Inc., a Hawaii corporation, Appellees-Appellants.

Intermediate Court of Appeals of Hawai`i.

Certiorari Granted (2 Applications) May 7, 1993.

Attorney(s) appearing for the Case

Roy Arnold Vitousek, III (J. Robert Arnett, II and Nani Rapoza, with him on the briefs), Kailua-Kona, for appellant Nansay Hawaii, Inc.

Joseph Kalani Kamelamela, Deputy Corp. Counsel, Hilo, for appellant Hawaii County Planning Com'n.

Paul Pickering Spaulding, III (Arnold L. Lum and John L. Olson, with him on the brief), Honolulu, for appellees PASH and Pilago.

Before BURNS, C.J., and HEEN and WATANABE, JJ.

HEEN, Judge.

This case began as an appeal to the third circuit court by Appellants-Appellees Public Access Shoreline Hawaii (PASH) and Angel Pilago (Pilago) from Appellee-Appellant Hawaii County Planning Commission's (Commission) decision (Decision) denying their request for contested case hearing procedures on Appellee-Appellant Nansay, Hawaii, Inc.'s (Nansay) application for a Special Management Area Use Permit (SMAP)...

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