KEPO`O v. WATSON

No. 18508.

952 P.2d 379 (1998)

87 Hawai`i 91

Arthur F. KEPO`O, Plaintiff-Appellee, v. Kali WATSON, Chairperson, Hawaiian Homes Commission, Department of Hawaiian Home Lands, State of Hawai`i, Defendants-Appellees, and Kawaihae Cogeneration Partners and Waimana Enterprises, Inc., Intervenors-Defendants-Appellants; Lillian K. DELA CRUZ, Plaintiff-Appellee, v. DEPARTMENT OF HAWAIIAN HOME LANDS, by Kali WATSON, in his capacity as chairman and director; Office of Environmental Quality Control by Brian J.J. Choy, in his capacity as director, Defendants-Appellees, and Kawaihae Cogeneration Partners and Waimana Enterprises, Inc., Intervenors-Defendants-Appellants; Josephine L. TANIMOTO, as a resident and lessee of the Kawaihae Hawaiian Home Lands, Plaintiff-Appellee, v. DEPARTMENT OF HAWAIIAN HOME LANDS, by Kali WATSON, in his capacity as chairman and director; Office of Environmental Quality Control by Brian J.J. Choy, in his capacity as director, Defendants-Appellees, and Kawaihae Cogeneration Partners and Waimana Enterprises, Inc., Intervenors-Defendants-Appellants.

Supreme Court of Hawai`i.

January 28, 1998.


Attorney(s) appearing for the Case

Sandra Pechter Schutte (Ivan M. Torigoe, with her on the brief, of Case & Lynch), Hilo, for Intervenors-Defendants-Appellants Kawaihae Cogeneration Partners and Waimana Enterprises, Inc.

Sonia Faust and Clayton Lee Crowell (George K.K. Kaeo, Honolulu, with them on the brief), Deputy Attorneys General, for Defendants-Appellees Kali Watson, Hawaiian Homes Commission, Department of Hawaiian Home Lands, and the State of Hawai`i.

Arthur F. Kepo`o, Plaintiff-Appellee, pro se, no brief filed.

Lillian K. Dela Cruz, Plaintiff-Appellee, pro se.

Josephine L. Tanimoto, Plaintiff-Appellee, pro se.

Patrick W. Hanifin (Roy A. Vitousek III, Kailua Kona, and Patricia J. McHenry, with him on the brief, of Cades Schutte Fleming & Wright), Honolulu, for Amici Curiae James Growney and Mauna Kea Homeowners' Association.

Before MOON, C.J., and KLEIN, LEVINSON and RAMIL, JJ., and NAKATANI, Circuit Judge, in place of NAKAYAMA, J., Recused.


RAMIL, Justice.

Intervenors-Defendants-Appellants Kawaihae Cogeneration Partners (KCP) and Waimana Enterprises, Inc. (Waimana) (collectively KCP/Waimana) filed an interlocutory appeal from the order granting partial summary judgment in favor of Plaintiffs-Appellees Arthur F. Kepo`o, Lillian K. Dela Cruz, and Josephine L. Tanimoto (collectively Plaintiffs). We affirm the circuit court's order. However, because this is an interlocutory appeal and factual determinations...

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