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DIAMOND v. STATE, BD. OF LAND AND NAT. RES.

No. 26997.

145 P.3d 704 (2006)

Caren DIAMOND and Harold Bronstein, Plaintiffs-Appellants, v. STATE of Hawai`i, BOARD OF LAND AND NATURAL RESOURCES, and Carl Stephens, Defendants-Appellees.

Supreme Court of Hawai`i.

As Corrected October 25, 2006.

Attorney(s) appearing for the Case

Harold Bronstein, on the briefs, Lihue, for plaintiffs-appellants Caren Diamond and Harold Bronstein.

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

A. Bernard Bays and Michael C. Carroll (of Bays, Deaver, Lung, Rose & Baba), on the briefs, Honolulu, for defendant-appellee Carl Stephens.

Isaac H. Moriwake and D. Kapua`ala Sproat, for amici curiae Public Access Shoreline Hawai`i and Sierra Club.

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

Opinion of the Court by DUFFY, J.

Plaintiffs-Appellants Caren Diamond and Harold Bronstein [hereinafter, collectively, Plaintiffs]1 appeal from the Circuit Court of the Fifth Circuit's January 11, 2005 judgment2 affirming the March 5, 2004 Order Denying Appeal of the Chairperson of the State of Hawai`i Department of Land and Natural Resources (DLNR) and Defendant-Appellee...

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