COUNTY OF HAWAI`I v. ALA LOOP HOMEOWNERS

No. 27707.

235 P.3d 1103 (2010)

COUNTY OF HAWAI`I, a municipal corporation of the State of Hawai`i, Respondent-/Plaintiff-/Counterclaim Defendant-Appellee/Cross-Appellee, v. ALA LOOP HOMEOWNERS, an unincorporated association, Respondent-Defendant-/Counter-Claimant-/Cross-Claimant-Appellee/ Cross-Appellant, and Wai`ola Waters of Life Charter School, a public school organized under the law of the State of Hawai`i, Respondent-/Defendant-/Cross-Claim Defendant-Appellant/Cross-Appellee; and ALA Loop Community Association, an unincorporated non-profit association, Petitioner-/Defendant-/Counter-Claimant-/Cross-Claimant-/Third-Party Plaintiff-Appellee/Cross-Appellant; v. Land Use Commission, State of Hawai`i, Respondent-/Third-Party Defendant-Appellee/Cross-Appellee.

Supreme Court of Hawai`i.

July 9, 2010.


Attorney(s) appearing for the Case

Thomas Yeh (Tsukazaki Yeh & Moore) for Petitioner Ala Loop Community Association.

Charlene M. Aina, Deputy Attorney General, for Respondent Wai`ola Waters of Life Charter School.

MOON, C.J., NAKAYAMA, DUFFY, and RECKTENWALD, JJ.; with ACOBA, J., concurring separately and dissenting.


Opinion of the Court by RECKTENWALD, J.

Respondent Wai`ola Waters of Life Charter School (Wai`ola)1 acquired land in an agricultural use district on Ala Loop Road on the Island of Hawai`i in 2003, with the intention of using it as a working farm and as a campus for its school. A dispute arose between Wai`ola and neighboring residents regarding whether Wai`ola should be required to obtain a special use permit under Hawai`i Revised Statutes...

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