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WINDWARD MARINE RESORT, INC. v. SULLIVAN

No. 17338.

948 P.2d 592 (1997)

86 Hawai`i 171

WINDWARD MARINE RESORT, INC., North Bay Boat Club, Inc. and Ralph A. Schrader, Appellants-Appellants, v. Jan Naoe SULLIVAN, Director of the Department of Land Utilization, City and County of Honolulu, and Zoning Board of Appeals, City and County of Honolulu, Appellees-Appellees.

Intermediate Court of Appeals of Hawai`i.

October 27, 1997.

Attorney(s) appearing for the Case

Wm. Patrick O'Connor, Honolulu, on the briefs, for appellants-appellants.

Thomas P. Rack, Deputy Corp. Counsel, on the brief, for appellee-appellee Director of the Dept. of Land Utilization, City and County of Honolulu.

Nalani P. Wilson-Ku, Deputy Corp. Counsel, on the joinder, for appellee-appellee Zoning Bd. of Appeals, City and County of Honolulu.

Before WATANABE, ACOBA and KIRIMITSU, JJ.

ACOBA, Judge.

We hold that under the Revised Charter of the City and County of Honolulu (Revised Charter) § 6-909 the Appellee-Appellee Zoning Board of Appeals of the City and County of Honolulu (the ZBA) may not issue cease and desist orders for violations of the Land Use Ordinance, Honolulu, Haw., Rev. Ordinances (LUO) ch. 21 (1990), but is restricted to either "sustain[ing]" or denying appeals from orders issued by...

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