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BRIDGE AINA LE`A, LLC v. LAND USE COM'N

No. 18-15738 18-15817.

950 F.3d 610 (2020)

BRIDGE AINA LE`A, LLC, Plaintiff-Appellant/Cross-Appellee, v. State of Hawaii LAND USE COMMISSION; Vladimir P. Devens, in his individual and official capacity; Kyle Chock, in his individual and official capacity; Normand Robert Lezy, in his individual and official capacity; Duane Kanuha, in his official capacity; Charles Jencks, in his official capacity; Lisa M. Judge, in her individual and official capacity; Nicholas W. Teves, Jr., in his individual and official capacity; Ronald I. Heller, in his individual and official capacity, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 19, 2020.

Attorney(s) appearing for the Case

Bruce D. Voss (argued), Matthew C. Shannon , and John D. Ferry III , Bays Lung Rose & Holma, Honolulu, Hawaii, for Plaintiff-Appellant/Cross-Appellee.

Ewan C. Rayner (argued), Deputy Solicitor General; David D. Day , Deputy Attorney General; William J. Wynhoff , Supervising Deputy Attorney General; Clyde J. Wadsworth , Solicitor General; Department of the Attorney General, Honolulu, Hawaii; for Defendants-Appellees/Cross-Appellants.

Before: SUSAN P. GRABER, MILAN D. SMITH, JR., and PAUL J. WATFORD, Circuit Judges.

OPINION

This case stems from the reversion of the land use classification of 1,060 acres of largely vacant and barren, rocky lava flow land in South Kohala, on the island of Hawaii. In 2011, Defendant-Appellee and Cross-Appellant the State of Hawaii Land Use Commission...

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