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TANAKA v. STATE, LAND AND NATURAL RESOURCES

No. 27487.

175 P.3d 126 (2007)

Melvin T. TANAKA, James Watt, Masaichi Takaki, and Dexter Egdamin, Plaintiffs-Appellants, v. STATE of Hawai`i, DEPARTMENT OF LAND AND NATURAL RESOURCES ("DLNR"); Roes Governmental Units or Entities 1-10, Defendants-Appellees (Civ. No. 04-1-0357). Katsuya Yamada, Plaintiff-Appellant, v. Department of Land and Natural Resources ("DLNR"), State of Hawai`i; State of Hawai`i, Defendants-Appellees (Civ. No. 04-1-0358).

Intermediate Court of Appeals of Hawai`i.

December 31, 2007.

Attorney(s) appearing for the Case

Gerard D. Lee Loy, for plaintiffs-appellants, Melvin T. Tanaka, James Watt, Masaichi Takaki, and Dexter Egdamin.

Katsuya Yamada, plaintiff-appellant, pro se.

William J. Wynhoff, deputy attorney general, State of Hawai`i, for defendants-appellees, Department of Land and Natural Resources, State of Hawai`i; and State of Hawai`i.

WATANABE, Presiding J., FOLEY, and NAKAMURA, JJ.

Opinion of the Court by WATANABE, Presiding J.

This appeal stems from two consolidated cases for declaratory and injunctive relief, challenging the following actions by Defendants-Appellees State of Hawai`i (the State) and Department of Land and Natural Resources, State of Hawai`i (DLNR or the department) (collectively, State Defendants) as being in violation of Hawaii Revised Statutes (HRS) chapter 91 (1993 & Supp.2006), the Hawaii Administrative Procedure Act...

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