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MAUNA KEA POWER v. BD. OF LAND & N.R.

No. 15724.

874 P.2d 1084 (1994)

76 Hawai`i 259

MAUNA KEA POWER COMPANY, INC., Appellant-Appellant, v. BOARD OF LAND AND NATURAL RESOURCES (BOARD), William W. Paty as Chairman of both the Board and the Commission on Water Resource Management, Herbert Apaka, Jr., Herbert Arata, John Arisumi, Moses Kealoha, and Attorney General Warren Price, acting in their official capacity and as individuals; Stan Lawrence, Jerry Johnson, and Daniel Lutkenhouse, Appellees-Appellees.

Supreme Court of Hawaii.

May 24, 1994.

Attorney(s) appearing for the Case

Michael Jay Green, on the briefs, Honolulu, for appellant-appellant Mauna Kea Power Co., Inc.

Stanley H. Roehrig and Andrew P. Wilson of Roehrig, Roehrig, Wilson, Hara, Schutte & De Silva, on the briefs, Hilo, for appellees-appellees Stan Lawrence and Dr. Jerry Johnson.

Edwin P. Watson, Linnel T. Nishioka and Johnson H. Wong, Deputy Attys. Gen., on the briefs, Honolulu, for appellees-appellees Bd. of Land and Natural Resources, William W. Paty, Herbert Apaka, Jr., Herbert Arata, John Arisumi, Moses Kealoha and Atty. Gen. Warren Price, III.

Before MOON, C.J., LEVINSON and RAMIL, JJ., BURNS, C.J., Intermediate Court of Appeals Chief Judge, in place of KLEIN, J., Recused, and MILKS, Circuit Court Judge, Assigned by Reason of Vacancy.

RAMIL, Justice.

Mauna Kea Power Company, Inc. (MKPC) appeals the First Circuit Court's decision and order affirming the Board of Land and Natural Resources' (BLNR) decision denying MKPC's application for a permit to build a hydroelectric power plant on Honoli'i stream near Hilo, Hawai`i. MKPC contends that: (1) the BLNR improperly considered outside sources after a contested case hearing was held and that such action was not cured by reopening the hearing; (2) there...

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