HAWAII ELECTRIC LIGHT CO., INC. v. DLNR

No. 21369.

75 P.3d 160 (2003)

102 Hawai`i 257

HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawai`i corporation, Appellant-Appellee, v. DEPARTMENT OF LAND AND NATURAL RESOURCES, State of Hawai`i; Board of Land and Natural Resources, as the Executive Head of the Department of Land and Natural Resources, State of Hawai`i; Department of Hawaiian Home Lands, State of Hawai`i; Waimana Enterprises, Inc., a Hawai`i corporation; and Mahi Cooper, Appellees-Appellees. and Peggy Ratliff and Keahole Defense Coalition, Appellees-Appellants. and Department of Hawaiian Home Lands, State of Hawai`i, Appellee-Appellant in No. 21422. Waimana Enterprises, Inc., a Hawai`i corporation, Cross-Appellant-Appellee, v. Department of Land and Natural Resources, State of Hawai`i; Board of Land and Natural Resources, as the Executive Head of the Department of Land and Natural Resources, State of Hawai`i; Department of Hawaiian Home Lands, State of Hawai`i; Hawaii Electric Light Company, Inc., a Hawai'i corporation; and Mahi Cooper, Cross-Appellees-Appellees. and Peggy Ratliff and Keahole Defense Coalition, Cross-Appellees-Appellants. and Department of Hawaiian Home Lands, State of Hawai`i, Cross-Appellee-Appellant in No. 21422. Peggy Ratliff, Cross-Appellant-Appellant, v. Department of Land and Natural Resources, State of Hawai`i; Board of Land and Natural Resources, as the Executive Head of the Department of Land and Natural Resources, State of Hawai`i; Department of Hawaiian Home Lands, State of Hawai`i; Hawai`i Electric Light Company, Inc., a Hawai`i corporation; Waimana Enterprises, Inc., a Hawai`i corporation; and Mahi Cooper, Cross-Appellees-Appellees (No. 21422). Mahi Cooper, Cross-Appellant-Appellee, v. Department of Land and Natural Resources, State of Hawai`i; Board of Land and Natural Resources, as the Executive Head of the Department of Land and Natural Resources, State of Hawai`i; Department of Hawaiian Home Lands, State of Hawai`i; and Waimana Enterprises, Inc., a Hawai`i corporation, Cross-Appellees-Appellees. and Peggy Ratliff and Keahole Defense Coalition, Cross-Appellees-Appellants (No. 21422). Hawai`i Electric Light Company, Inc., a Hawai`i corporation, Plaintiff-Appellee, v. Peter Young, in his capacity as Chairman of the Board of Land and Natural Resources, State of Hawai`i; Department of Land and Natural Resources, State of Hawai`i; Board of Land and Natural Resources, as the Executive Head of the Department of Land and Natural Resources, Defendants-Appellees. and John Does 1-10; Jane Does 1-10; Doe Corporations, PArtnerships, Governmental Units or Other Entities 1-20, Defendants. and Keahole Defense Coalition and Peggy Ratliff, Intervenors-Appellants (No. 21422). Waimana Enterprises, Inc., a Hawai`i corporation, Plaintiff-Appellee, v. Rodney Maile, Hearing Officer for the Department of Land and Natural Resources; Peter Young, Chairman of the Board of Land and Natural Resources, State of Hawai`i; Board of Land and Natural Resources, State of Hawai`i, Defendants-Appellees. and Peggy Ratliff, Defendant-Appellant. Joy Hanson; Brad Houser; Alice Goo; Dr. Nathalie Tucker; Russell Wertz; Keichi Ikeda; Irma Gilger; Jerry Rothstein; Linday Bradley, Plaintiffs-Appellees, v. State of Hawai`i, Department of Land and Natural Resources, and Office of Environmental Quality Control, Defendants-Appellees. and John Does 1-10; Jane Does 1-10; Doe Corporations, Partnerships, Governmental Units or Other Entities 1-20, Defendants (No. 21263). Waimana Enterprises, Inc., a Hawai`i corporation, Appellant-Appellee, v. Department of Land and Natural Resources, State of Hawai`i; Board of Land and Natural Resources, as the Executive Head of the Department of Land and Natural Resources, State of Hawai`i; Hawaii Electric Light Company, Inc., a Hawai`i corporation; and Mahi Cooper, Appellees-Appellees. and Peggy Ratliff, Appellee-Appellant, (No. 21263). Waimana Enterprises, Inc., a Hawai`i corporation, Plaintiff-Appellee, v. Peter Young, in his capacity as Chairman of the Board of Land and Natural Resources, State of Hawai`i; State of Hawai`i, Department of Land and Natural Resources; State of Hawai'i, Office of Environmental Quality Control, Defendants-Appellees. and John Does 1-10; Doe Corporations, Partnerships, Governmental Units or Other Entities 1-10, Defendants (No. 21263).

Supreme Court of Hawai`i.

As Amended August 25, 2003.


Attorney(s) appearing for the Case

Michael Matsukawa, on the briefs, for Defendant-Appellant/Appellee-Appellant & Appellee/Cross-Appellee/Cross-Appellant/ Intervenor-Appellant Peggy Ratliff; and Intervenor-Appellant Keahole Defense Coalition.

Galen C.K. Leong, Wayne Nasser and Keith Yonamine, Honolulu, on the briefs (Ashford & Wriston), for Appellant/Cross-Appellee-Appellee, Department of Hawaiian Home Lands, State of Hawai`i.

Benjamin A. Kudo, Wesley M. Fujimoto, Lori Ann K. Koseki, Stacy E. Uehara, & Naomi S. Uyeno, Honolulu, on the briefs, (Dwyer Imanaka Schraff Kudo Meyer & Fujimoto) for Appellant-Appellee, Hawaii Electric Light Company.

Mahi Cooper, Appellee/Cross-Appellee/Cross-Appellant-Appellee, pro se.

Sandra-Ann Y.H. Wong, on the briefs, for Plaintiff-Appellee/Appellant Waimana Enterprises, Inc.

Randall Y.K. Young, Deputy Attorney General, State of Hawai`i, on the briefs, for Defendants-Appellees, Department of Land and Natural Resources, Board of Land and Natural Resources, Chair of the Board of Land and Natural Resources and Hearing Officer for the Department of Land and Natural Resources.

On the briefs: Stephen D. Whittaker and David W. Lacy (Whittaker & Lacy) for Amicus Curiae Na Leo Pohai.

Paul H, Achitoff, Honolulu, David L. Henkin, D. Kapua'ala Sproat, on the briefs, (Earthjustice Legal Defense Fund) for Amicus Curiae Sierra Club.

MOON, C.J., LEVINSON, and ACOBA, JJ., Circuit Judge BLONDIN, Assigned in place of NAKAYAMA, J., Recused, and Circuit Judge POLLACK, Assigned by reason of vacancy.


Opinion of the Court by ACOBA, J.

We hold that under Hawai`i Revised Statutes (HRS) § 171-5 (1993) any action by the Board of Land and Natural Resources (the Board or the BLNR) requires a majority vote of all the members to which the Board is statutorily entitled. Thus, four votes are necessary for the Board to take any action. See HRS § 171-4 (1993) (the Board "shall be composed of six members"). Consequently, we also hold that because the Board...

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