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BLAKE v. COUNTY OF KAUA'I PLANNING COM'N

No. SCWC-11-0000342.

315 P.3d 749 (2013)

131 Haw. 123

Theodore K. BLAKE, Petitioner/Plaintiff-Appellant, v. COUNTY OF KAUA'I PLANNING COMMISSION; County of Kaua'i Planning Department; Ian Costa, in his official capacity as Planning Director; Department of Land and Natural Resources; William J. Aila, Jr., in his official capacity as chair of the Department of Land and Natural Resources; and Stacey T.J. Wong, as Successor Trustee of the Eric A. Knudsen Trust, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

As Amended January 8, 2014.

Attorney(s) appearing for the Case

David Kimo Frankel , Honolulu, and Ashley K. Obrey , for petitioner.

Ian K. Jung , for respondents County of Kaua`i Planning Commission, County of Kaua`i Planning Department, and Costa.

Linda L.W. Chow , for respondents DLNR and Aila.

Michael D. Tom and Joseph F. Kotowski, III , Honolulu, for respondent Wong.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, and POLLACK, JJ.; with ACOBA, J., concurring and dissenting separately.

Opinion of the Court by RECKTENWALD, C.J.

This case involves a challenge to the County of Kaua`i Planning Commission's approval of a subdivision application for the Eric A. Knudsen Trust's development of land in Kōloa, Kaua`i. One of the challenged aspects of the proposed subdivision was the need for the Knudsen Trust to breach a historic road (Hapa Road) and its adjacent rock wall to provide access into the subdivision. During the Planning Commission's consideration...

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