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`O HALEAKALA v. BD. OF LAND AND NAT. RES.

No. SCWC-11-0000353.

317 P.3d 27 (2013)

131 Haw. 193

Kilakila `O HALEAKALA, Petitioner/Appellant-Appellant, v. BOARD OF LAND AND NATURAL RESOURCES, the Department of Land and Natural Resources, and William Aila, in his Official Capacity as Chairperson of the Board of Land and Natural Resources, University of Hawaii, and Thomas M. Apple, in his Official Capacity as Chancellor of the University of Hawai`i at Manoa, Respondents/Appellees-Appellees.

Supreme Court of Hawai`i.

December 13, 2013.

Attorney(s) appearing for the Case

David Kimo Frankel ( Sharla Ann Manley and Camille Kaimālie Kalama with him on the briefs), Honolulu, for petitioner.

Linda L.W. Chow ( Donna H. Kalama , Honolulu, and Julie H. China with her on the briefs), for respondents Board of Land and Natural Resources, Department of Land and Natural Resources, and William Aila, in his official capacity as Chairperson of the Board of Land and Natural Resources Lisa Woods Munger (Bruce Y. Matsui, Randall K. Ishikawa, Lisa A. Bail and Adam K. Robinson with her on the briefs), for respondents University of Hawai`i and Thomas M. Apple, in his official capacity as Chancellor of the University of Hawai`i at Mānoa.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, and POLLACK, JJ., with ACOBA, J., concurring separately, with whom POLLACK, J., joins.

Opinion of the Court by NAKAYAMA, J.

It is well established that under Hawai`i Revised Statutes (HRS) § 91-14(a), "[a]ny person aggrieved by a final decision and order in a contested case ... is entitled to judicial review thereof under this chapter[.]" In Kaleikini v. Thielen, 124 Haw. 1, 26, 237 P.3d 1067, 1092 (2010), this court most recently reaffirmed the principle that a

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