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CARD v. ZONING BD. OF HONOLULU

No. 27264.

159 P.3d 143 (2007)

CITIZENS AGAINST RECKLESS DEVELOPMENT, an unincorporated association; Doris Nakamura; and United Food & Commercial Workers Union Local 480, Appellants-Appellants, v. ZONING BOARD OF APPEALS OF the CITY AND COUNTY OF HONOLULU; David Minkin, in his capacity as Chair of the Zoning Board of Appeals of the City and County of Honolulu; Henry Eng, in his capacity as Director of the Department of Planning and Permitting of the City and County of Honolulu; and Wal-Mart Real Estate Business Trust, a Delaware Business Trust, Appellees-Appellees.

Supreme Court of Hawai`i.

May 31, 2007.

Attorney(s) appearing for the Case

James J. Bickerton and K. Bartlett Durand, Jr. (of Bickerton Saunders Dang & Sullivan), Honolulu, on the briefs, for appellants-appellants Citizens Against Reckless Development, an unincorporated association; Doris Nakamura; and United Food & Commercial Workers Union Local 480.

C. Michael Heihre, Kelly G. Laporte, and Allison M. Mizuo (of Cades Schutte), Honolulu, on the briefs, for appellee-appellee Wal-Mart Real Estate Business Trust.

Lori K.K. Sunakoda, Deputy Corporation Counsel, on the briefs, for appellee-appellee Henry Eng.

Dawn D.M. Spurlin, Deputy Corporation Counsel, on the briefs, for Zoning Board of Appeals of the City and County of Honolulu and David J. Minkin.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ., and Circuit Judge WONG, in Place of ACOBA, J., Recused.

Opinion of the Court by DUFFY, J.

Appellants-appellants Citizens Against Reckless Development, an unincorporated association; Doris Nakamura; and United Foods & Commercial Workers Union Local 480 (Local 480) [hereinafter, collectively, CARD] appeal from the March 30, 2005 final judgment of the Circuit Court of the First Circuit,2 which affirmed the decision and order of the Zoning Board of Appeals of the City and County of Honolulu...

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