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DIAMOND v. DOBBIN

No. SCWC-30573.

319 P.3d 1017 (2014)

132 Haw. 9

Caren DIAMOND and Beau Blair, Petitioners/Plaintiffs-Appellants/Appellees-Cross-Appellees, v. Craig DOBBIN and Wagner Engineering Services, Inc., Respondents/Defendants-Appellees/Appellants-Cross-Appellees, and STATE of Hawai`i, Board of Land and Natural Resources, Respondent/Defendant-Appellee/Appellee-Cross-Appellant.

Supreme Court of Hawai`i.

January 27, 2014.

Attorney(s) appearing for the Case

Harold Bronstein , Lihue, for petitioners.

Walton D.Y. Hong , Lihue, for respondents Craig Dobbin and Wagner Engineering.

Donna H. Kalama , Honolulu, Linda L.W. Chow , and Julie H. China , for respondent State of Hawai`i, Board of Land and Natural Resources.

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

Opinion of the Court by ACOBA, J.

We hold that in making a shoreline determination pursuant to Hawai`i Revised Statutes (HRS) § 205A-42 (1993)1, Respondent/Defendant-Appellee/Appellee-Cross-Appellant State of Hawai`i, Board of Land and Natural Resources (the BLNR), must consider the historical evidence of the upper reaches of the wash of the waves. The BLNR's May 21, 2010 "Amended Findings of Fact, Conclusions of Law, and Decision...

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