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NUUANU VALLEY ASS'N v. CITY OF HONOLULU

No. 28599.

194 P.3d 531 (2008)

NUUANU VALLEY ASSOCIATION, a Hawai`i non-profit corporation, Plaintiff-Appellant, v. CITY AND COUNTY OF HONOLULU; Henry Eng, Director of Department of Planning and Permitting in his official capacity; David Tanoue, Deputy Director of Department of Planning and Permitting in his official capacity, Defendants-Appellees, and Laumaka, LLC, Intervenor-Appellee, and John Doe 1-10; Jane Does 1-10; Doe Partnerships 1-10; Doe Corporations 1-10; and Doe Governmental Units 1-10, Defendants.

Supreme Court of Hawai`i.

October 24, 2008.

Attorney(s) appearing for the Case

James J. Bickerton and Scott K. Saiki of Bickerton Lee Dang & Sullivan, Honolulu, for Plaintiff-Appellant Nuuanu Valley Association.

Don S. Kitaoka and Lori K.K. Sunakoda, Deputies Corporation Counsel, for Defendants-Appellees City and County of Honolulu, Henry Eng, and David Tanoue.

David B. Rosen of the Law Office of David B. Rosen, ALC, for Intervenor-Appellee Laumaka LLC.

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

Opinion of the Court by NAKAYAMA, J.

Plaintiff-Appellant, Nuuanu Valley Association ("NVA"), appeals from the Circuit Court of the First Circuit's1 ("circuit court's") May 17, 2007 amended final judgment in favor of Defendants-Appellees City and County of Honolulu, Henry Eng, in his official capacity, and David Tanoue, in his official capacity (collectively, "Appellees"), and Intervenor-Appellee Laumaka, LLC ("Laumaka").

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