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SAVE SUNSET BEACH COALITION v. CITY AND COUNTY OF HONOLULU

No. 21332.

78 P.3d 1 (2003)

102 Hawai'i 465

SAVE SUNSET BEACH COALITION; Life of the Land; Larry McElheny; Benjamin Hopkins; and Peter Cole, Plaintiffs-Appellants, v. The CITY AND COUNTY OF HONOLULU; Obayashi Corporation; and Obayashi Hawai'i Corporation, Defendants-Appellees.

Supreme Court of Hawaii.

October 20, 2003.

Attorney(s) appearing for the Case

William W. Saunders, Jr. and James J. Bickerton, Honolulu, (Bickerton Saunders Dang & Bouslog), on the briefs, for plaintiffs-appellants.

Jane Howell, Deputy Corporation Counsel, City & County of Honolulu, on the briefs, for defendant-appellee The City & County of Honolulu.

John T. Komeiji, Lyle Y. Harada, & Lloyd S. Yoshioka (Watanabe, Ing & Kawashima), on the briefs, for defendants-appellees Obayashi Corporation & Obayashi Hawai'i Corporation.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.

Opinion of the Court by ACOBA, J.

We hold that in connection with the complaint filed by Plaintiffs-Appellants Save Sunset Beach Coalition, Life of the Land,1 Larry McElheny, Benjamin Hopkins, and Peter Cole (Plaintiffs), the first circuit court (the court) correctly applied the propositions stated below except for the last two; the effect of such error, however, was harmless.

First, the rezoning2 by...

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