SIERRA CLUB v. DEPT. OF TRANSP.

No. 29035.

202 P.3d 1226 (2009)

The SIERRA CLUB, a California non-profit corporation registered to do business in the State of Hawaii; Maui Tomorrow, Inc., a Hawaii non-profit corporation; and the Kahului Harbor Coalition, an unincorporated association, Plaintiffs-Appellants/Cross-Appellees/Appellees/Cross-Appellants, v. The DEPARTMENT OF TRANSPORTATION OF the STATE OF HAWAII; Brennon Morioka, in his capacity as Director of the Department of Transportation of the State of Hawaii; Michael Formby, in his capacity as Director of Harbors of the Department of Transportation of the State of Hawaii; Hawaii Superferry, Inc., Defendants-Appellees/Cross-Appellants/Appellants/Cross-Appellees.

Supreme Court of Hawai`i.

March 16, 2009.


Attorney(s) appearing for the Case

Isaac Hall, Wailuku, for Plaintiffs-Appellants/Cross-Appellees/Appellees/Cross-Appellants The Sierra Club; Maui Tomorrow, Inc.; and the Kahului Harbor Coalition.

Lisa M. Ginoza, First Deputy Attorney General, (Mark J. Bennett, Attorney General, Dorothy Sellers, Solicitor General, with her on the briefs) for Defendants-Appellees/Cross-Appellants/Appellants/Cross-Appellees The Department of Transportation of the State of Hawai`i; Brennon Morioka, in his capacity as Director of the Department of Transportation of the State of Hawai`i; Michael Formby, in his capacity as Director of Harbors of the Department of Transportation of the State of Hawai`i.

Lisa Woods Munger (Bruce L. Lamon and Lisa A. Bail with her on the briefs) (Goodsill Anderson Quinn & Stifel), Honolulu, for Defendants-Appellees/Cross-Appellants/Appellants/Cross-Appellees Hawaii Superferry, Inc.


Opinion of the Court by DUFFY, J.

Plaintiffs-Appellants/Cross-Appellees/Appellees/Cross-Appellants the Sierra Club, Maui Tomorrow, Inc., and the Kahului Harbor Coalition1 (collectively "Sierra Club") appeal from the January 31, 2008 final judgment of the circuit court2 and the November 14, 2007 circuit court order granting dissolution of the injunction and vacating...

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