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MAUI TOMORROW v. BOARD OF LAND AND NATURAL RESOURCES

(Civ.Nos. 26404, 26623, 03-1-0289, 03-1-0292).

131 P.3d 517 (2006)

110 Hawai`i 234

MAUI TOMORROW, formally known as Maui Tomorrow Foundation, Inc., and its supporters, Appellant v. STATE of Hawai`i, BOARD OF LAND AND NATURAL RESOURCES OF the STATE OF HAWAI`I; Department of Land and Natural Resources of the State of Hawai`i; Peter T. Young, in his official capacity as Chairperson of the Board of Land and Natural Resources and the Director of the Department of Land and Natural Resources; Alexander & Baldwin, Inc.; East Maui Irrigation Co.; Maui Land & Pineapple Co., Inc.; County Of Maui, Department of Water Supply; Hawai`i Farm Bureau Federation, Appellees. Na Moku `Aupuni O Ko`Olau Hui; Beatrice Kekahuna; Marjorie Wallett; Elizabeth Lapenia, Appellants-Appellants and Maui Tomorrow, Appellant-Appellee. v. State of Hawai`i, Board of Land and Natural Resources of the State of Hawai`i; Department of Land and Natural Resources of the State of Hawai`i; Peter T. Young, in his official capacity as Chairperson of the Board of Land and Natural Resources and the Director of the Department of Land and Natural Resources; Alexander & Baldwin, Inc.; East Maui Irrigation Co.; Maui Land & Pineapple Co., Inc.; County of Maui, Department of Water Supply; Hawaii Farm Bureau Federation, Appellees-Appellees. Maui Tomorrow, formally known as Maui Tomorrow Foundation, Inc., and its supporters, Appellant, v. State of Hawai`i; Board of Land and Natural Resources of the State of Hawai`i; Department of Land and Natural Resources of the State of Hawai`i; Peter T. Young, in his official capacity as Chairperson of the Board of Land and Natural Resources and the Director of the Department of Land and Natural Resources; Alexander & Baldwin, Inc.; East Maui Irrigation Co.; Maui Land & Pineapple Co., Inc.; County of Maui, Department of Water Supply; Hawaii Farm Bureau Federation, Appellees. Na Moku `Aupuni O Ko`Olau Hui; Beatrice Kekahuna; Marjorie Wallett; Elizabeth Lapenia, and Maui Tomorrow, Appellants-Appellees, v. Alexander & Baldwin, Inc., and East Maui Irrigation Company, Limited, Appellees-Appellants, and State of Hawai`i; Board of Land and Natural Resources of the State of Hawai`i; Department of Land and Natural Resources of the State of Hawai`i; Peter T. Young, in his official capacity as Chairperson of the Board of Land and Natural Resources and the Director of the Department of Land and Natural Resources; Maui Land & Pineapple Co., Inc.; County of Maui, Department of Water Supply; Hawaii Farm Bureau Federation, Appellees-Appellees. Native Hawaiian Legal Corporation, Party in Interest-Appellee.

Supreme Court of Hawai`i.

April 5, 2006.

Attorney(s) appearing for the Case

Alan T. Murakami and Moses K.N. Haia III, Honolulu, (of Native Hawaiian Legal Corporation), On the briefs, for Appellants-Appellants/Appellees Beatrice Kekahuna, Marjorie Wallett, and Na Moku Aupuni O Ko olau Hui.

Linda L.W. Chow, Deputy Attorney General, On the briefs, for Appellees-Appellees State of Hawai`i, Board of Land and Natural Resources, Department of Land and Natural Resources and Peter T. Young.

David Schulmeister and Elijah Yip, Honolulu, (of Cades Schutte LLP), On the briefs, for Appellees-Appellees/Appellants Alexander & Baldwin, Inc. and East Maui Irrigation Company, Limited.

Richard Kiefer and David B. Merchant (of Kiefer & Merchant LLC), On the briefs, for Appellee-Appellee Maui Land & Pineapple Co., Inc.

Robert H. Thomas, Honolulu, (of Damon Key Leong Kupchak Hastert), On the briefs, for Appellee-Appellee Hawaii Farm Bureau Federation.

Isaac Hall, Wailuku, On the briefs, for Appellant-Appellee Maui Tomorrow (no brief filed).

Jane E. Lovell Deputy Corporation Counsel, On the briefs, for Appellee-Appellee County of Maui (no brief filed).

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

Opinion of the Court by DUFFY, J.

This case arises out of the request for a contested case hearing made by Na Moku `Aupuni O Ko`olau Hui, Beatrice Kekahuna, Marjorie Wallett, and Elizabeth Lapenia [hereinafter, collectively, Na Moku], contesting the application of Alexander & Baldwin (A & B) and East Maui Irrigation Company (EMI) [hereinafter, collectively, A & B/EMI] to the State of Hawai`i, Board of Land and Natural Resources (BLNR) for a long-term lease...

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