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KAUAI SPRINGS v. PLANNING COM'N

No. 29440.

312 P.3d 283 (2013)

130 Haw. 407

KAUAI SPRINGS, INC., Appellant-Appellee, v. PLANNING COMMISSION OF the COUNTY OF KAUAI, Appellee-Appellant.

Intermediate Court of Appeals of Hawai`i.

April 30, 2013.

Attorney(s) appearing for the Case

David J. Minkin , Dayna Kamimura-Ching , ( Christopher D. Bayne with David J. Minkin on the briefs) (McCorriston Miller Mukai and MacKinnon LLP) ( Alfred B. Castillo, Jr. , Office of the County Attorney with David J. Minkin on the briefs), for Appellee-Appellant.

Robert H. Thomas , ( Mark M. Murakami with him on the briefs) (Damon Key Leong Kupchak Hastert), for Appellant-Appellee.

Isaac H. Moriwake , (EarthJustice), on the briefs for Amici Curiae Mälama Kaua`i and Hawaii's Thousand Friends.

Jon M. Van Dyke , Ernest M. Kimoto , (Office of Hawaiian Affairs), on the briefs for Amicus Curiae Office of Hawaiian Affairs.

FOLEY, PRESIDING JUDGE, FUJISE and GINOZA, JJ.

Opinion of the Court by GINOZA, J.

This secondary agency appeal addresses whether Appellant Planning Commission of the County of Kaua`i (Planning Commission) properly denied Appellee Kauai Springs, Inc.'s (Kauai Springs) combined application for a Use Permit, a Class IV Zoning Permit, and a Special Permit to continue operating a spring water bottling facility on land zoned for agricultural use.

The Planning Commission denied the permits to Kauai Springs by...

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