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KOREAN BUDDHIST DAE WON SA TEMPLE v. SULLIVAN

No. 19734.

953 P.2d 1315 (1998)

87 Hawai`i 217

KOREAN BUDDHIST DAE WON SA TEMPLE OF HAWAII, Appellant-Appellant, v. Jan Naoe SULLIVAN, in her capacity as Director of Land Utilization of the City and County of Honolulu, and the Department of Land Utilization of the City and County of Honolulu, Appellees-Appellees. CONCERNED CITIZENS OF PALOLO, and Life of the Land, Appellants-Appellees, and Zoning Board of Appeals of the City and County of Honolulu, Appellee-Appellee, v. The KOREAN BUDDHIST DAE WON SA TEMPLE OF HAWAII, Appellee-Appellant. KOREAN BUDDHIST DAE WON SA TEMPLE OF HAWAII, Appellant-Appellant, v. ZONING BOARD OF APPEALS OF THE CITY AND COUNTY OF HONOLULU, Appellee-Appellee. (Two Cases.) KOREAN BUDDHIST DAE WON SA TEMPLE OF HAWAII, Appellant-Appellant, v. ZONING BOARD OF APPEALS OF THE CITY AND COUNTY OF HONOLULU, and Concerned Citizens of Palolo, and Life of the Land, Appellees-Appellees.

Supreme Court of Hawai`i.

April 9, 1998.

Attorney(s) appearing for the Case

Roger S. Moseley, on the briefs, Honolulu, for appellant-appellant Korean Buddhist Dae Won Sa Temple of Hawaii.

Lawrence D. Kumabe, Deputy Corporation Counsel, on the briefs, for appellees-appellees Zoning Board of Appeals of the City and County of Honolulu.

Fred Paul Benco, on the briefs, Honolulu, for appellants-appellees Concerned Citizens of Palolo Life of the Lands.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

LEVINSON, Justice.

At issue in these consolidated appeals is the decision of Donald Clegg, then-Director of the Honolulu Department of Land Utilization (DLU) (the Director), to deny the appellant-appellant Korean Buddhist Dae Won Sa Temple of Hawaii's (the Temple's) application for a variance for its "Main Temple Hall" (the Hall),2 which had previously been found to exceed the allowable height limit under the zoning code. The Temple filed...

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