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T-MOBILE USA v. COUNTY OF HAW. PLANNING

No. 24381.

104 P.3d 930 (2005)

106 Hawai`i 343

T-MOBILE USA, INC., formerly Voicestream PCS II Corporation, Appellant, v. COUNTY OF HAWAI'I PLANNING COMMISSION, Appellee.

Supreme Court of Hawai`i.

January 11, 2005.

Attorney(s) appearing for the Case

Roy A. Vitousek III and Kristin S. Shigemura (of Cades Schutte Fleming & Wright), Honolulu, on the briefs, for appellant.

Ivan M. Torigoe, Deputy Corporation Counsel, on the briefs, for appellee.

MOON, C.J., LEVINSON, and DUFFY, JJ.; NAKAYAMA, J., dissenting, with whom ACOBA, J., joins.

Opinion of the Court by MOON, C.J.

Appellant Voicestream PCS II Corporation (Voicestream) appeals from the third circuit court's June 18, 2001 judgment2 that affirmed the decision of appellee County of Hawai'i Planning Commission (HCPC), requiring Voicestream to obtain a special permit in connection with its development of a wireless communication network on the island of Hawai'i. Briefly stated, Voicestream's proposed construction in...

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