Arthur F. KEPO'O, Plaintiff-Appellee and
James Growney and Mauna Kea Homeowners' Association, Intervenors-Plaintiffs-Appellees
v.
Micah KANE, Chairperson, Hawaiian Homes Commission, Department of Hawaiian Home Lands, State of Hawai'i, Defendants-Appellants and
Kawaihae Cogeneration Partners and Waimana Enterprises, Inc., Intervenors-Defendants-Appellants.
Lillian K. Dela Cruz, Plaintiff-Appellee and
James Growney and Mauna Kea Homeowners' Association, Intervenors-Plaintiffs-Appellees
v.
Department of Hawaiian Home Lands, by Micah Kane, in his capacity as Chairman and Director; Office of Environmental Quality Control by Genevieve Salmonson, in her capacity as Director, Defendants-Appellants and
Kawaihae Cogeneration Partners and Waimana Enterprises, Inc., Intervenors-Defendants-Appellants.
Josephine L. Tanimoto, as a resident and lessee of the Kawaihae Hawaiian Home Lands, Plaintiff-Appellee and
James Growney and Mauna Kea Homeowners' Association, Intervenors-Plaintiffs-Appellees
v.
Department of Hawaiian Home Lands, by Micah Kane, in his capacity as Chairman and Director; Office of Environmental Quality Control by Genevieve Salmonson, in her capacity as Director, Defendants-Appellants and
Kawaihae Cogeneration Partners and Waimana Enterprises, Inc., Intervenors-Defendants-Appellants.
Supreme Court of Hawai'i.https://leagle.com/images/logo.png
January 4, 2005.
Reconsideration Denied February 16, 2005.
Attorney(s) appearing for the Case
Bryan C. Yee, George K.K. Kaeo, Jr. and Clayton Lee Crowell, Deputy Attorneys General, on the briefs, for Defendants-Appellants Micah Kane, Hawaiian Homes Commission, Department of Hawaiian Home Lands, and State of Hawai'i.
James E. Duffy, Jr., Michele-Lynn E. Luke (Richards & Luke), Honolulu, and Sandra-Ann Y.H. Wong, on the briefs, for Intervenors/Defendants-Appellants Kawaihae Cogeneration Partners and Waimana Enterprises, Inc.
Roy A. Vitousek, III, Patricia J. McHenry, and Kaiulani E.S. Kidani (Cades Schutte Fleming & Wright), Honolulu, on the briefs, for Plaintiffs/Intervenors-Appellees James Growney and Mauna Kea Homeowners' Association.
Lillian K. Dela Cruz, on the briefs, plaintiff-appellee, pro se.
Josephine L. Tanimoto, on the briefs, plaintiff-appellee, pro se.
MOON, C.J., LEVINSON, ACOBA, JJ., Circuit Judge GRAULTY, in place of NAKAYAMA, J., recused, and Circuit Judge AUGUST in place of DUFFY, J., recused.
Supreme Court of Hawai'i.
Opinion of the Court by ACOBA, J.
We hold that (1) the circuit court of the third circuit3 (the court) retained jurisdiction to render a decision after the case was remanded to the Hawaiian Homes Commission (HHC); (2) the court possessed jurisdiction to grant summary judgment pursuant to Hawai'i Revised Statutes (HRS) § 343-7(b) (1993); (3) no genuine issues of material fact existed and the court could decide, as a matter of law,...
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