LANAI CO., INC. v. LAND USE COM'N

No. 22564.

97 P.3d 372 (2004)

105 Haw. 296

LANAI COMPANY, INC., Appellant-Appellee, v. LAND USE COMMISSION and Lanaians for Sensible Growth, Appellees-Appellants and Office of State Planning and County of Maui Planning Department, Appellees-Appellees.

Supreme Court of Hawai'i.

September 17, 2004.


Attorney(s) appearing for the Case

Russell A. Suzuki and James J.S. Chang, Deputy Attorneys General, on the briefs, for appellee-appellant Land Use Commission.

Alan T. Murakami and Carl C. Christensen (Native Hawaiian Legal Corporation), on the briefs, Honolulu, for appellee-appellant Lanaians for Sensible Growth.

Gary W. Zakian, Deputy Corporation Counsel, County of Maui, on the briefs, for appellee-appellee County of Maui.

Bruce L. Lamon and Ellen Cirangel (Goodsill Anderson Quinn & Stifel), on the briefs, Honolulu, for appellant-appellee Lanai Company, Inc.

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


Opinion of the Court by ACOBA, J.

In this appeal, Appellees-Appellants Land Use Commission (the LUC) and Lanaians for Sensible Growth (Sensible Growth) contest the April 26, 1997 order of the Circuit Court of the Second Circuit (the court)1 reversing the LUC's May 17, 1996 order (1996 Order) which, inter alia, required Appellant-Appellee Lanai Company, Inc. (LCI)(1) to immediately cease...

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