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MORGAN v. PLANNING DEPT., COUNTY OF KAUAI

No. 22709.

86 P.3d 982 (2004)

104 Hawai'i 173

Albert MORGAN, Sr., Robert Hansen, Alex Ferreira, M.D. and Clifford Bond, Appellants-Appellees v. PLANNING DEPARTMENT, COUNTY OF KAUAI, Appellee-Appellant Dennis Badagliaco, Respondent, Planning Commission, County of Kauai, Randal Nishimura, in his capacity as Chairman of the Planning Commission, County of Kauai; Sandi Kato-Klutke, in her capacity as Commissioner of the Planning Commission, County of Kauai; Abigail Santos, in her capacity as Commissioner of the Planning Commission, County of Kauai; Theodore Daligdig III, in his capacity as Commissioner of the Planning Commission, County of Kauai; Michael Crockett, in his capacity as Commissioner of the Planning Commission, County of Kauai; Steven Weinstein, in his capacity as Commissioner of the Planning Commission, County of Kauai, Lawrence Chaffin, Jr., in his capacity as Commissioner of the Planning Commission, County of Kauai; Planning Department, County of Kauai, Appellees-Appellants, Carol Lemke and Buddy Lizama, Intervenors-Appellees.

Supreme Court of Hawai'i.

March 24, 2004.

Attorney(s) appearing for the Case

Blaine J. Kobayashi, Deputy County Attorney, on the briefs, for appellees-appellants Planning Department, County of Kauai and Planning Commission, County of Kauai.

Benjamin A. Kudo, Wesley M. Fujimoto, and Stacy E. Uehara, Honolulu, on the briefs, for appellants-appellees Albert Morgan, Sr., Robert Hansen, Alex Ferreira, M.D., and Clifford Bond.

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

Opinion of the Court by NAKAYAMA, J.

Appellees-appellants Planning Department, County of Kauai (Planning Department), and Planning Commission, County of Kauai (Planning Commission), appeal from the June 30, 1999 decision and order of the circuit court of the fifth circuit, the Honorable Clifford L. Nakea presiding, reversing the July 24, 1997 decision and order of the Planning Commission, which (1) modified condition no. 6 of appellants-appellees Albert Morgan, Sr...

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