Walter John KELLY, Charles Ross Flaherty, Jr., Patrick M. Cunningham, and Michele Constans Wilkins, Plaintiffs-Appellees/Cross-Appellants and
Protect Keopuka Ohana, a Hawai`i non-profit corporation, Plaintiff-Appellee/Cross-Appellant
v.
1250 OCEANSIDE PARTNERS, a Hawai`i Limited Partnership, Defendant-Appellant/Cross-Appellant/Cross-Appellee and
State of Hawai`i, Department of Health, and Chiyome Fukino, in her official capacity as the director of the State of Hawai`i Department of Health, Defendants-Appellants/Cross-Appellees and
Department of Land and Natural Resources, and Peter Young, in his official capacity as the Director of the State of Hawai`i Department of Land and Natural Resources, Defendants-Appellees and
Land Use Commission, Defendant and
County of Hawai`i, Christopher Yuen in his official capacity as the Planning Director for the County of Hawai`i, Dennis Lee, in his official capacity as the Chief Engineer, County of Hawai`i, Defendants-Appellants/Appellees/Cross-Appellees and
John Does 1-10, Jane Does 1-10, Doe Corporations, Partnerships, Governmental Units or Other Entities 2-20, Defendants (Nos. 26813 & 27864).
Supreme Court of Hawai`i.https://leagle.com/images/logo.png
July 28, 2006.
July 28, 2006.
Attorney(s) appearing for the Case
Ivan M. Torigoe, Deputy Corporation Counsel, County of Hawai`i, on the briefs, for Defendants-Appellants/Cross-Appellees County of Hawai`i, Chrostopher Yuen, in his official capacity as the Planning Director for the County of Hawai`i, and Dennis Lee, in his official capacity as the Chief Engineer, County of Hawai`i.
Russell Suzuki and Adina Kobayashi Cunningham, Deputy Attorneys General, on the briefs, for Defendants-Appellees/Cross-Appellants State of Hawai`i Department of Health and Chiyome Fukino.
Alan T. Murakami and Moses K.N. Haia III (Native Hawaiian Legal Corporation), on the briefs, Honolulu, for Plaintiff-Appellee/Cross-Appellant Protect Keopuka `Ohana.
David Kimo Frankel, on the briefs, for Amicus Curiae Sierra Club.
MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.
Supreme Court of Hawai`i.
Opinion of the Court by ACOBA, J.
We hold in this consolidated appeal from the March 14, 2006 Fourth Amended Final Judgment (final judgment) of the third circuit court (the court),2 that (1) Defendant-Appellant/Cross-Appellee County of Hawai`i (the County), by and through Defendant-Appellant/Cross-Appellee Christopher Yuen, in his official capacity as the Planning Director for the County of Hawai...
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