COLONY SURF v. DIRECTOR OF PERMITTING

No. 26037.

174 P.3d 349 (2007)

COLONY SURF, LTD., Plaintiff/Appellant-Appellee, v. DIRECTOR OF the DEPARTMENT OF PLANNING AND PERMITTING; Michel's Inc. and D.G. Anderson, Defendants/Appellees-Appellants, v. Zoning Board of Appeals, Defendant/Appellee-Appellee.

Supreme Court of Hawai`i.

December 26, 2007.


Attorney(s) appearing for the Case

David K. Tanoue, Deputy Corporation Counsel, for Defendant/Appellee-Appellant.

Director of the Department of Planning and Permitting and Donna Y.L. Leong, and Kaiulani E.S. Kidani of Cades Schutte LLP, for Defendants/Appellees-Appellants Michel's Inc. and D.G. Anderson.

Bruce L. Lamon of Goodsill Anderson Quinn & Stiffel, for Plaintiff/Appellant-Appellee.

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


Opinion of the Court by NAKAYAMA, J.

Defendants/Appellees-Appellants, director of the Department of Planning and Permitting, State of Hawai`i, Michel's Inc., and D.G. Anderson (collectively referred to as "Appellants"), appeal from the first circuit court's1 July 23, 2003 judgment on appeal in favor of Plaintiff/Appellant-Appellee, Colony Surf, Ltd. ("CSL"). Appellants assert the following points of error on appeal: (1) the circuit court...

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