GOO v. ARAKAWA

No. SCWC-30142.

321 P.3d 655 (2014)

132 Haw. 304

Karen GOO, et al., Petitioners/Plaintiffs/Counterclaim-Defendants/Appellants/Cross-Appellees, v. Mayor Alan ARAKAWA, Successor-In-Interest to Mayor Charmaine Tavares, William Spence, Director of Planning, County of Maui, Successor-In-Interest to Director Jeff Hunt, County of Maui, Respondents/Defendants/Cross-Claim Defendants/Appellees/Cross-Appellants/Cross-Appellees, and VP and PK(ML) LLC, KCOM Corp., Defendants/Intervenor-Defendants/Cross-Claim Defendants/Counterclaimants/Cross-Claimants/Appellees/Cross-Appellees/Cross-Appellants, and [PG] Kila Kila Construction, Defendant/Cross-Claim Defendant/Cross-Claimant, and (John G.) John G's Design & Construction, Inc., Defendant/Cross-Claimant/Cross-Claim Defendant, and New Sand Hills LLC., Respondent/Defendant/Intervenor-Defendant/Counterclaimant/Cross-Claim Defendant/Appellee/Cross-Appellee/Cross-Appellant, and David B. Merchant; Joyce Takahashi; Brian Takahashi, Defendants/Intervenor-Defendants, and Diane L. Reaser, et al., Defendants/Intervenor-Defendants/Counter-Claimants, and Hookai, LLC, Sandhills Estates Community Association, Respondents/Intervenors/Appellees/Cross-Appellees/Cross-Appellants, and Cheryl Cabebe, Gerry Riopta, and Melissa Riopta, Intervenor-Defendants/Appellees/Cross-Appellants.

Supreme Court of Hawai`i.

February 19, 2014.


Attorney(s) appearing for the Case

David J. Gierlach , Honolulu, and Lance D. Collins , for petitioners.

Patrick K. Wong , Caleb P. Rowe , Brian T. Moto , and Jane E. Lovell ( Madelyn S. D'Enbeau on the briefs), for respondents Mayor Alan Arakawa, Successor-in-Interest to Mayor Charmaine Tavares, William Spence, Director of Planning, County of Maui, Successor-in-Interest to Director Jeff Hunt, County of Maui.

Ronald T. Ogomori , Nathan H. Yoshimoto , Honolulu, and T.F. Mana Moriarty , for respondents New Sand Hills, LLC., VP and PK (ML), LLC., KCOM Corp., and Sandhills Estates Community Association.

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


Opinion of the Court by POLLACK, J.

This case addresses the issue of the procedure that an appellate court should follow when a case becomes moot on appeal and one party seeks vacatur of the lower court's judgment.

We hold that the Intermediate Court of Appeals (ICA) erred in vacating the circuit court's judgments and December 31, 2008 Order Granting Partial Summary Judgment in this case and remanding the case for dismissal. In addition, we conclude that the...

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