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CITIZENS v. COUNTY OF HAWAI`I

No. 20723.

979 P.2d 1120 (1999)

91 Hawai`i 94

CITIZENS FOR THE PROTECTION OF THE NORTH KOHALA COASTLINE, by Toni Withington as Chairman of its Steering Committee; Kai Keali`Ikea`Ehale Kaholokai, Plaintiffs-Appellants/Cross-Appellees, v. COUNTY OF HAWAI`I; Stephen K. Yamashiro in his capacity as Mayor of the County of Hawai`i; Planning Commission of the County of Hawai`i; Donald D. Manalili, in his capacity as Chairman of the Planning Commission; Planning Department of the County of Hawai`i; Virginia Goldstein in her capacity as Planning Director of the County of Hawai`i; John Does 1-10; Jane Does 1-10 and Doe Governmental Agencies 1-10, Defendants-Appellees/Cross-Appellees, and Chalon International of Hawai`i, Inc., a Hawai`i corporation, Defendant-Intervenor-Cross-Appellant.

Supreme Court of Hawai`i.

July 13, 1999.

Attorney(s) appearing for the Case

Steven D. Strauss, on the briefs, Hilo, for plaintiffs-appellants/cross-appellees.

Frederick Giannini, Deputy Corporation Counsel, on the briefs, for defendants-appellees/ cross-appellees.

Steven S.C. Lim (Sherrill A. Atwood with him on the briefs), on the briefs, Hilo, for defendant-intervenor-appellee/cross-appellant.

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

Opinion of the Court by KLEIN, J.

Plaintiff-appellant/cross-appellees Citizens for Protection of the North Kohala Coastline (Citizens) and defendant-intervenor-appellee/cross-appellant Chalon International of Hawai`i, Inc. (Chalon) appeal the third circuit court's March 17, 1997 order and April 28, 1997 judgment (1) denying Chalon's August 30, 1996 motion to dismiss or in the alternative for summary judgment as to the issue of Citizens' lack of standing, and (2) granting...

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