UNITE HERE! LOCAL 5 v. CITY OF HONOLULU

Nos. 06-1-0265, 06-1-0867, No. 28602.

231 P.3d 423 (2010)

UNITE HERE! LOCAL 5; Eric W. Gill; Todd A.K. Martin, Respondents/Plaintiffs-Appellees, v. CITY AND COUNTY OF HONOLULU, a municipal corporation; Kuilima Resort Company, a Hawai`i corporation, Respondents/Defendants-Appellees. Kuilima Resort Company, a Hawai`i general partnership, Respondent/Counterclaim Plaintiff-Appellee, v. Unite Here! Local 5 Hawai`i, a Hawai`i labor organization; Eric W. Gill, an individual, Respondents/Counterclaim Defendants-Appellees. Kuilima Resort Company, a Hawai`i general partnership, Respondent/Counterclaim Plaintiff-Appellee, v. Unite Here!, a New York labor organization, Respondent/Additional Counterclaim Defendant-Appellee. Keep the North Shore Country, a Hawai`i non-profit corporation; and Sierra Club, Hawai`i Chapter, a foreign non-profit corporation, Petitioners/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 Hawai`i general partnership, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

April 8, 2010.


Attorney(s) appearing for the Case

Rory R. Wicks (Marco A. Gonzales, with him on the application, of Coast Law Group, Encinitas, CA), appearing pro hac vice; (William S. Hunt and Laura P. Couch, with him on the application, of Alston Hunt Floyd & Ing, Honolulu), for petitioners/plaintiffs-appellants.

Don S. Kitaoka, Deputy Corporation Counsel, for respondent/defendant-appellee City & County of Honolulu and Henry Eng.

Sharon V. Lovejoy (Terence J. O'Toole, Lane Hornfeck McKay, and Shyla P. Cockett, with her on the response, of Starn O'Toole Marcus & Fisher, Honolulu), for respondent/defendant-appellee Kuilima Resort.

Isaac H. Moriwake (of Earth Justice), for Conservation Council for Hawaii, Surfrider Foundation, Hawaii's Thousand Friends, Life of the Land, Maui Tomorrow Foundation, and Kahea.

Gregory W. Kugle (of Damon Key Leong Kupchak and Hastert, Honolulu), for Defend Oahu Coalition.

Vernon Y.T. Woo, Honolulu, for North Shore Career Training Corporation, Laie Community Association, and Kahuku Community Association.

David A. Arakawa and David L. Callies, Honolulu, for Land Use Research Foundation of Hawaii, Hawaii Developer's Council, and Hawaii Leeward Planning Conference.

Melvyn M. Miyagi, Jonathan W. Lai, and Ross T. Shinyama (of Watanabe Ing, Honolulu), for First Hawaiian Bank.

Dr. Nui Loa Price, appearing pro se.

MOON, C.J., NAKAYAMA, and DUFFY, JJ., and Circuit Judge CHAN, in place of RECKTENWALD, J., recused; ACOBA, J., concurring separately.


Opinion of the Court by MOON, C.J.

On October 13, 2009, this court accepted a timely application for a writ of certiorari, filed by petitioners/plaintiffs-appellants Keep the North Shore Country (KNSC) and Sierra Club, Hawai`i Chapter (Sierra Club) [hereinafter, collectively, plaintiffs] on September 8, 2009, requesting that this court review the Intermediate Court of Appeals' (ICA) June 12, 2009 judgment on appeal, entered pursuant to its May 22, 2009 published opinion...

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