IN RE WATER USE PERMIT APPLICATIONS

No. 24873.

93 P.3d 643 (2004)

105 Hawai`i 1

In the Matter of WATER USE PERMIT APPLICATIONS, Petitions for Interim Instream Flow Standard Amendments, and Petitions for Water Reservations for the Waiãhole Ditch Combined Contested Case Hearing.

Supreme Court of Hawai`i.

June 21, 2004.


Attorney(s) appearing for the Case

Paul H. Achitoff, David L. Henkin and D. Kapua'ala, Sproat of Earthjustice Legal Defense Fund, on the briefs, for Appellants Hakipu'u'Ohana and Ka Lahui Hawai'i and Alan T. Murakami of the Native Hawaiian Legal Corporation for Appellant Hakipu'u'Ohana.

James T. Paul, Pamela W. Bunn and Michael R. Cruise of Paul, Johnson, Park & Niles, on the briefs, for Appellants Hawai'i's Thousand Friends.

Stephen K.C. Mau of Rush Moore Craven Sutton Morry & Beh, on the briefs, for Appellee The Robinson Estate.

Jon T. Yamamura, Kevin E. Moore and Jean K. Campbell of Carlsmith Ball, on the briefs, for Appellee Nihonkai Lease Co., Ltd's partial joinder in Appellee The Robinson Estate's answering brief.

Deborah Day Emerson, Christine M. Daleiden and Junie Hayashi, Deputy Attorneys General, on the briefs, for Appellee State of Hawaii Agribusiness Development Corporations.

Gilbert D. Butson of Reinwald O'Connor & Playdon, on the briefs, for Appellee Pu'u Makakilo, Inc.

Edsel M. Yamada and Jean Polhamus Creadick, Deputy Attorneys General, on the briefs, for Appellee Commission on Water Resource Management.

Reid M. Yamashiro and Duane W.H. Pang, Deputies Corporation Counsel, on the briefs, for Appellees City and County of Honolulu Planning Department and Board of Water Supply.

Alan M. Oshima of Oshima Chun Fong & Chung, on the briefs, for Appellee The Estate of James Campbell.

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


Opinion of the Court by NAKAYAMA, J.

Appellant Hakipu'u `Ohana and Ka Lahui Hawai'i [hereinafter, collectively, the "Windward Parties"]1 and appellant Hawaii's Thousand Friends (HTF) appeal the Commission on Water Resource Management's [hereinafter, the "Water Commission"] legal framework, findings of fact, and decision and order [hereinafter, the "D & O II"], filed on December 28, 2001, that disposed of seven issues this court remanded...

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