HUI KAKO`O AINA HO`OPULAPULA, a domestic non-profit corporation; Waimana Enterprises, Inc.; and Albert S.N. Hee, Appellants-Appellants,
v.
BOARD OF LAND AND NATURAL RESOURCES, State of Hawai`i; Department of Land and Natural Resources, State of Hawai`i; Hawai`i Electric Light Company, Inc., a Hawai`i corporation, Appellees-Appellees.
Supreme Court of Hawai`i.https://leagle.com/images/logo.png
September 21, 2006.
September 21, 2006.
Attorney(s) appearing for the Case
Dawn N.S. Chang, Honolulu, on the briefs, for appellants-appellants Hui Kako`o Aina Ho`opulapula.
Michele-Lynn E. Luke and Leshan D. Jayasekera (of Richards & Luke), Honolulu, on the briefs, for appellants-appellants Waimana Enterprises and Albert S.N. Hee.
Warren Price, III and Robert A. Marks (of Price Okamoto Himeno & Lum), and John T. Komeiji and Brian A. Kang (of Watanabe Ing & Komeiji), Honolulu, on the briefs, for appellee-appellee Hawaii Electric Light Company, Inc.
Sonia Faust and Linda L.W. Chow, Deputy Attorneys General, on the briefs, for appellees-appellees Board of Land and Natural Resources, Department of Land and Natural Resources, State of Hawai`i.
MOON, C.J., LEVINSON, J., and Circuit Judge CHAN, in Place of DUFFY, J., Recused; ACOBA, J., Concurring and Dissenting Separately, with whom Circuit Judge DEL ROSARIO, in Place of NAKAYAMA, J., Recused, Joins.
Supreme Court of Hawai`i.
Opinion of the Court by MOON, C.J.
In this secondary appeal, appellants-appellants Waimana Enterprises, Inc. (Waimana), Albert S.N. Hee, and Hui Kako`o Aina Ho`opulapula (Hui Kako`o) [hereinafter, collectively, Appellants] appeal from the Circuit Court of the Third Circuit's February 4, 2005 final judgment1 entered in favor of appellees-appellees Hawaiian Electric Light Company, Inc. (HELCO), Department of Land and Natural Resources (DLNR...
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