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HONOLULU CONST. & DRAYING v. STATE, DLNR

No. SCWC-30484.

310 P.3d 301 (2013)

130 Haw. 306

In the Matter of the Application of HONOLULU CONSTRUCTION AND DRAYING COMPANY, LIMITED, to register and confirm title to land situate at Honolulu, City and County of Honolulu, State of Hawai`i, Aloha Tower Development Corporation, Respondent/Petitioner, v. STATE of Hawai`i, DEPARTMENT OF LAND AND NATURAL RESOURCES, Trustees of the William G. Irwin Charity Foundation, Scenic Hawai`i, Inc., The Outdoor Circle, Historic Hawai`i Foundation, Hawai`i's Thousand Friends, Life of the Land, William Olds, Jr. and Jane Olds Bogart, and Intervenor, City and County of Honolulu, Respondents/Respondents, and Scenic Hawai`i, Inc., Petitioner/Respondent-Cross-Appellee, v. Aloha Tower Development Corporation, Respondent/Petitioner-Cross-Appellant.

Supreme Court of Hawai`i.

August 9, 2013.

Attorney(s) appearing for the Case

John T. Hoshibata , Rex Y. Fujichaku , and Dana A. Barbata , Honolulu, for petitioner.

Deirdre Marie-Iha , Honolulu, for respondent.

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

Opinion of the Court by ACOBA, J.

We hold that the Land Court (the court)1 was right in awarding attorneys' fees and costs under the private attorney general doctrine, see Sierra Club v. Dep't of Transp. of State of Hawai'i, 120 Haw. 181, 218, 202 P.3d 1226, 1263 (2009) (Sierra Club II), to Petitioner/Respondent...

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