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KEAHOLE DEFENSE COALITION v. BOARD OF LAND AND NATURAL RESOURCES

No. 26305.

134 P.3d 585 (2006)

110 Hawai`i 419

KEAHOLE DEFENSE COALITION, INC., a Hawai`i nonprofit corporation; Peggy J. Ratliff and Mahi Cooper, Appellants-Appellees v. BOARD OF LAND AND NATURAL RESOURCES, State of Hawai`i; Department of Land and Natural Resources, State of Hawai`i; Hawaii Electric Light Company, Inc., a Hawai`i corporation, Department of Hawaiian Home Lands, State of Hawai`i, Appellees-Appellees and Waimana Enterprises, Inc., a Hawai`i corporation, Appellee-Appellant (Civ. No. 02-1-0068K) Department of Hawaiian Home Lands, State of Hawai`i, Appellant-Appellee v. Department of Land and Natural Resources, State of Hawai`i; Board of Land and Natural Resources, State of Hawai`i; Hawaii Electric Light Company, Inc., a Hawai`i corporation, Peggy J. Ratliff, Mahi Cooper, Keahole Defense Coalition, Inc., a Hawai`i nonprofit corporation, Appellees-Appellees and Waimana Enterprises, Inc., a Hawai`i corporation, Appellee-Appellant (Civ. No. 02-1-0079K).

Supreme Court of Hawai`i.

As Amended May 26, 2006.

Attorney(s) appearing for the Case

Michele-Lynn E. Luke and Deborah S. Jackson (Richards & Luke), Honolulu, on the briefs, for Appellee-Appellant Waimana Enterprises, Inc.

Michael J. Matsukawa, on the briefs, for Appellants-Appellees Keahole Defense Coalition, Inc., Peggy J. Ratliff, and Mahi Cooper.

A. Sonia Faust and Linda L.W. Chow, Deputy Attorneys General, on the briefs, for Appellees-Appellees Department of Land and Natural Resources, State of Hawai`i, and Board of Land and Natural Resources, State of Hawai`i.

Warren Price III and Robert A. Marks (Price Okamoto Himeno & Lum) and John T. Komeiji and Brian A. Kang (Watanabe Ing Kawashima & Komeiji), Honolulu, on the briefs, for Appellee-Appellee Hawaii Electric Light Company, Inc.

Wayne Nasser, Kevin W. Herring and Mi Yung C. Park (Ashford & Wriston), Honolulu, on the briefs, for Appellant-Appellee Department of Hawaiian Home Lands, State of Hawai`i.

MOON, C.J., LEVINSON, ACOBA, JJ., Circuit Judge DEL ROSARIO for NAKAYAMA, J., recused, and Circuit Judge CHAN for DUFFY, J., recused; with Circuit Judge DEL ROSARIO concurring separately and with whom ACOBA, J., joins.

Opinion of the Court by ACOBA, J.

We hold that Appellee-Appellant Waimana Enterprises, Inc. (Waimana) lacked standing to challenge the decision of Appellee-Appellee Board of Land and Natural Resources (BLNR) regarding a time extension that it granted to Appellee-Appellee Hawaii Electric Light Company, Inc. (HELCO) to complete construction of HELCO's Keāhole power station inasmuch as Waimana was barred by collateral estoppel and does not have a sufficient property...

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