UNITE HERE! LOCAL 5 v. HONOLULU

No. 28602.

209 P.3d 1271 (2009)

UNITE HERE! LOCAL 5; Eric W. Gill; Todd A.K. Martin, Plaintiffs-Appellees, v. CITY AND COUNTY OF HONOLULU, a municipal corporation; Kuilima Resort Company, a Hawaii corporation, Defendants-Appellees, and Doe Defendants 1-10, Defendants (Civil No. 06-1-0265). Kuilima Resort Company, a Hawaii general partnership, Counterclaim Plaintiff-Appellee, v. Unite Here! Local 5 Hawaii, a Hawaii labor partnership; Eric W. Gill, an individual, Counterclaim Defendants-Appellees. Kuilima Resort Company, a Hawaii general partnership, Counterclaim Plaintiff-Appellee, v. Unite Here!, a New York labor organization, Additional Counterclaim Defendant-Appellee, and Doe Defendants 1-10, Additional Counterclaim Defendants. Keep The North Shore Country, a Hawaii non-profit corporation; and Sierra Club, Hawaii Chapter, a foreign non-profit corporation, Plaintiffs-Appellants, v. City and County of Honolulu; Henry Eng, Director of Department of Planning and Permitting, in his official capacity; Kuilima Resort Company, a Hawaii general partnership, Defendants-Appellees, and John Does 1-10; Jane Does 1-10; Doe Partnerships 1-10; Doe Corporations 1-10; Doe Entities 1-10; and Doe Governmental Units 1-10, Defendants (Civil No. 06-1-0867).

Intermediate Court of Appeals of Hawai`i.

May 22, 2009.


Attorney(s) appearing for the Case

Rory R. Wicks of Coast Law Group LLP (admitted pro hac vice) (William S. Hunt, Laura P. Couch, and Blake K. Oshiro of Alston Hunt Floyd & Ing, Honolulu, and Marco A. Gonzalez of Coast Law Group LLP (admitted pro hac vice) with him on the briefs), for Plaintiffs-Appellants.

Sharon V. Lovejoy of Starn O'Toole Marcus & Fisher (Terence J. O'Toole, Lane Hornfeck; Wil K. Yamamoto, and Shyla P.Y. Cockett of Starn O'Toole Marcus & Fisher, with her on the brief), Honolulu, for Defendant-Appellee Kuilima Resort Company.

Don S. Kitaoka, Deputy Corporation Counsel, City and County of Honolulu (Lori K.K. Sunakoda, Deputy Corporation Counsel, City and County of Honolulu with him on the brief) for Defendants-Appellees City and County of Honolulu and Henry Eng.

Pamela W. Bunn, Lindsey Kasperowicz, and Ronald N.W. Kim of Paul Johnson Park & Niles, Honolulu, on the brief, for amicus curiae Conservation Council for Hawai'i.

WATANABE, Acting C.J., and FOLEY, J.; and NAKAMURA, J., dissenting.


Opinion of the Court by FOLEY, J.

Plaintiffs-Appellants Keep the North Shore Country (KNSC), a Hawai'i non-profit corporation, and Sierra Club, Hawai'i Chapter (Sierra Club), a foreign non-profit corporation, (collectively, Plaintiffs) appeal from the Amended Final Judgment filed on June 4, 2007 in the Circuit Court of the First Circuit1 (circuit court). The circuit court entered judgment in favor of Defendants-Appellees City and County...

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