LESLIE v. BOARD OF APPEALS

No. 26184.

126 P.3d 1071 (2006)

Wayne LESLIE, Appellant/Appellant-Appellee v. BOARD OF APPEALS OF the COUNTY OF HAWAI`I; Evarts Fox in his capacity as Chairperson of the Board of Appeals of the County of Hawai`i; Christopher Yuen in his capacity as Planning Director of the County of Hawai`i, Appellees/Appellees-Appellants Ki`ilae Estates, LLC, Applicant/Appellee/Appellee-Appellee and Protect Keopuka `Ohana; Jim Medeiros; Jack Kelly, Appellees/Appellees-Appellees.

Supreme Court of Hawai`i.

As Amended February 28, 2006.


Attorney(s) appearing for the Case

Bobby Jean Leithhead-Todd and Patricia K. O'Toole, Deputies Corporation Counsel, County of Hawai`i, on the briefs, for Appellants Board of Appeals of the County of Hawai`i, Evarts Fox, and Christopher Yuen.

Michael W. Moore, Hilo, and R. Ben Tsukazaki (Tsukazaki Yeh & Moore), on the briefs, for Appellee Ki`ilae Estates, LLC.

David Kimo Frankel (Legal Aid Society of Hawai`i), on the briefs, for Appellee Wayne Leslie.

Robert H. Thomas, Honolulu, (Damon Key Leong Kupchak Hastert), on the briefs, for Amicus Curiae Pacific Legal Foundation.

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


Opinion of the Court by ACOBA, J.

We affirm the September 25, 2003 final judgment of the circuit court of the third circuit (the court)1 in favor of Appellant/Appellant-Appellee Wayne Leslie (Appellee) and against Appellees/Appellees-Appellants Board of Appeals of the County of Hawai`i (the Board), Evarts Fox (Fox), in his capacity as Chairperson of the Board of Appeals of the County of Hawai`i, Christopher Yuen (the Director), in his...

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