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CURTIS v. BOARD OF APPEALS

No. 20038.

978 P.2d 822 (1999)

90 Hawai`i 384

Eric CURTIS, Elizabeth Curtis, George Schattauer, Margaret Schattauer, Brian Lievens, Andrea Lievens, and Captain Cook (Royal Hawaiian) Co., Ltd., Appellants-Appellees, v. BOARD OF APPEALS, COUNTY OF HAWAI`I, Planning Director, County of Hawai`i, Chief Engineer, County of Hawai`i Planning Department, County of Hawai`i, Appellees-Appellants, v. USCOC of Hawaii 3, Inc., Intervenor-Appellee-Appellant.

Supreme Court of Hawai`i.

Reconsideration Denied June 14, 1999.

As Amended June 15, 1999.

Attorney(s) appearing for the Case

Gerald Takase, Deputy Corporation Counsel, for Appellants County of Hawaii planning director, chief engineer and planning department and Glenn H. Shiigi, Deputy Corporation Counsel, on the briefs, for appellants County of Hawaii board of appeals.

Diana L. Van De Car, on the briefs, Hilo, for intervenor-appellant USCOC of Hawaii 3, Inc.

Rodney M. Fujiyama and Ward F.N. Fujimoto of Fujiyama, Duffy & Fujiyama, on the briefs, Honolulu, for appellee Captain Cook (Royal Hawaiian) Co., Ltd.

Michael J. Matsukawa, on the briefs, for appellees Eric Curtis, Elizabeth Curtis, George Schattauer, Margaret Schattauer, Brian Lievens and Andrea Lievens.

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

Opinion of the Court by NAKAYAMA, J.

Appellees-appellants USCOC of Hawaii 3, Inc. (U.S. Cellular) and County of Hawai`i planning director, chief engineer, planning department, and board of appeals (board) (collectively, the County) appeal from the order and judgment of the third circuit court vacating the order of the board denying the challenge, brought by appellants-appellees Eric Curtis, Elizabeth Curtis, George Schattauer, Margaret Schattauer, Brian Lievens, Andrea...

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