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SAVE DIAMOND HEAD WATERS LLC. v. HANS HEDEMANN SURF, INC.

No. 27804.

211 P.3d 74 (2009)

SAVE DIAMOND HEAD WATERS LLC., a Hawaii limited liability corporation; Kapiolani Park Preservation Society, LLC, a Hawaii limited liability corporation; Mike Beason, an individual; and Richard K. Quinn, an individual, Petitioners/Appellants-Appellees, v. HANS HEDEMANN SURF, INC., Respondent/Appellee-Appellant, and City and County of Honolulu, by and through the Department of Planning and Permitting, Respondent/Appellee-Appellee, and McInery Foundation, a Hawaii corporation; and Hotel Kaimana, Inc., a Hawaii corporation, Respondents/Appellees-Appellees.

Supreme Court of Hawai`i.

July 13, 2009.

Attorney(s) appearing for the Case

Dane L. Miller and Wilma Sur (of Miller Tokuyama & Sur, LLP), Honolulu, for petitioners/appellants-appellees, Save Diamond Head Waters, LLC; Kapiolani Park Preservation Society, LLC; Mike Beason; and Richard K. Quinn.

William W.L. Yuen and Philip W.T. Chang (of Ching, Yuen & Morikawa), Honolulu, for respondent/appellee-appellant, Hans Hedemann Surf, Inc.

Don S. Kitaoka, Deputy Corporation Counsel, for respondent/appellee-appellee, City and County of Honolulu, by and through the Department of Planning and Permitting.

MOON, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ., and Circuit Judge ALM, Assigned by Reason of Vacancy.

Opinion of the Court by DUFFY, J.

Petitioners/Plaintiffs-Appellees Save Diamond Head Waters, LLC; Kapiolani Park Preservation Society, LLC; Mike Beason; and Richard K. Quinn (collectively SDHW) filed a timely Application for Writ of Certiorari (Application) urging this court to review the January 9, 2009 judgment of the Intermediate Court of Appeals (ICA) based on its Opinion in Save Diamond Head Waters, LLC. v. Hans Hedemann Surf, Inc. (SDHW), No. 27804, 119...

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