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`OHANA PALE KE AO v. BOARD OF AGRICULTURE

No. 27855.

188 P.3d 761 (2008)

`OHANA PALE KE AO; Kohanaiki `Ohana; GMO-Free Hawai`i,; and Sierra Club, Hawai`i Chapter, Plaintiffs-Appellees, v. BOARD OF AGRICULTURE, STATE OF HAWAI`I, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

May 21, 2008.

Attorney(s) appearing for the Case

David A. Webber, deputy attorney general, State of Hawai`i, for defendant-appellant (Haunani F. Burns and Deborah Day Emerson, deputy attorneys general, with him on the briefs).

Isaac H. Moriwake (Earthjustice), Honolulu, for plaintiffs-appellees (Paul H. Achitoff with him on the brief).

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

Opinion of the Court by WATANABE, Presiding J.

The Board of Agriculture1 (the Board) of the State of Hawai`i (the State) appeals from: (1) the judgment entered by the Circuit Court of the Third Circuit2 (the circuit court) on March 3, 2006 in favor of `Ohana Pale Ke Ao; Kohanaiki `Ohana; GMO-Free Hawai`i; and Sierra Club, Hawai`i Chapter (Plaintiffs); and (2) the order granting Plaintiffs' motion for summary...

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