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DEPT. OF ENVIR. SVCS. v. LAND USE COM'N

No. SCAP-10-0000157.

275 P.3d 809 (2012)

127 Haw. 5

DEPARTMENT OF ENVIRONMENTAL SERVICES, CITY AND COUNTY OF HONOLULU, Petitioner/Appellant-Appellant, v. LAND USE COMMISSION, STATE OF HAWAI`I; Colleen Hanabusa; Maile Shimabukuro; and Ko Olina Community Association, Respondents/Appellees-Appellees.

Supreme Court of Hawai`i.

May 4, 2012.

Attorney(s) appearing for the Case

Dana Viola , Deputy Corporation Counsel, ( Gary Y. Takeuchi and Sharon Lam Blanchard , Deputies Corporation Counsel, with her on the briefs), and Robert Brian Black , Deputy Corporation Counsel, for Petitioner/Appellant-Appellant.

Sarah R. Hirakami , Russell Suzuki , and Robyn B. Chun , Deputy Attorneys General, ( Diane Erickson , Deputy Attorney General, on the brief) for Respondent/Appellee-Appellee Land Use Commission, State of Hawai`i.

Richard Naiwieha Wurdeman , for Respondents/Appellees-Appellees, Colleen Hanabusa, Maile Shimabukuro, and Ko Olina Community Association.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, DUFFY, and McKENNA, JJ.

Opinion of the Court by DUFFY, J.

Petitioner-Appellant Department of Environmental Services, City and County of Honolulu ("DES" or "City"), appeals from the October 19, 2010 final judgment of the Circuit Court of the First Circuit1 (circuit court) in support of its September 21, 2010 order, which affirmed Respondent-Appellee Land Use Commission's ("LUC") October 22, 2009 "Order Adopting the City and County of Honolulu Planning Commission...

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