COUNTY OF KAUA`I v. BAPTISTE

No. 27351.

165 P.3d 916 (2007)

COUNTY OF KAUA`I, by its County Attorney Lani D. NAKAZAWA, Plaintiff-Appellee, v. Bryan J. BAPTISTE, Mayor, County of Kauai; Michael H. Tresler, Director of Finance, County of Kaua`i; and Kaua`i County Council, Defendants-Appellees, and Gordon G. Smith, individually; Walter S. Lewis, in his capacity as Trustee of the Walter S. Lewis Revocable Living Trust; Monroe F. Richman, Trustee, Richman Family Trust; and Ming Fang, Trustee, Ming Fang Trust, Intervenors-Appellants.

Supreme Court of Hawaii.

As Corrected August 7, 2007.

Reconsideration Denied September 6, 2007.


Attorney(s) appearing for the Case

Robert H. Thomas (of Damon Key Leong Kupchak Hastert), Honolulu, for intervenors-appellants.

Gary M. Slovin (Russell S. Kato and Corlis J. Chang, with him on the briefs, of Goodsill Anderson Quinn & Stifel, Honolulu, and Lani D.H. Nakazawa, Kaua`i County Attorney, with him on the briefs), for plaintiff-appellee.

Rosa V. Flores (Christiane L. Nakea-Tresler, Deputy County Attorney, on the brief), for defendants-appellees.

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


Opinion of the Court by MOON, C.J.

Intervenors-appellants George S. Smith, individually; Walter S. Lewis, in his capacity as Trustee of the Walter S. Lewis Revocable Living Trust; Monroe F. Richman, Trustee, Richman Family Trust; and Ming Fang, Trustee, Ming Fang Trust [hereinafter, collectively, the Appellants] appeal from the Circuit Court of the Fifth Circuit's1 May 20, 2005 final judgment entered pursuant to the order granting plaintiff...

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