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COUNTY OF HAWAI`I v. CIVIL SERV. COM'N

No. 15869.

885 P.2d 1137 (1994)

77 Hawai`i 396

COUNTY OF HAWAI`I, DEPARTMENT OF FINANCE, Appellant-Appellant, v. CIVIL SERVICE COMMISSION OF the COUNTY OF HAWAI`I and Leslie Brown, Appellees-Appellees.

Intermediate Court of Appeals of Hawai`i.

December 13, 1994.

Attorney(s) appearing for the Case

Frederick D. Giannini, Deputy Corp. Counsel, County of Hawai`i, on the briefs, Hilo, for appellant.

Kathleen Racuya-Markrich and Ruth I. Tsujimura, Deputy Attys. Gen., State of Hawai`i, on the brief, Honolulu, for appellee Civil Service Com'n of County of Hawai`i.

Charles K.Y. Khim, on the brief, Honolulu, for appellee Leslie Brown.

Before BURNS, C.J., ACOBA, J., and WENDELL K. HUDDY, Circuit Judge, in place of WATANABE, Associate Judge, disqualified.

ACOBA, Judge.

This case presents the question of whether an agency, which is a party to an administrative contested case hearing, may appeal the adjudicatory agency's adverse decision to the circuit court under Hawai`i Revised Statutes (HRS) § 91-14 (1985 and Supp.1992) (amended 1993) which generally controls appeals from agency decisions.

Because we hold that a party agency did not fall within the definition of a "person" who is entitled to appeal under...

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