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SURFRIDER FOUND. v. ZONING BD. OF APPEALS

No. SCAP-13-0005781.

358 P.3d 664 (2015)

136 Haw. 95

SURFRIDER FOUNDATION; Hawaii's Thousand Friends; Ka Iwi Coalition; and Kahea-The Hawaiian-Environmental Alliance, Petitioners/Plaintiffs-Appellants, v. ZONING BOARD OF APPEALS, City & County of Honolulu; Director of the Department of Planning & Permitting, City & County Of Honolulu; Kyo-Ya Hotels & Resorts LP; and 20,000 Friends of Labor, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

As Corrected October 6, 2015.

Attorney(s) appearing for the Case

Linda M.B. Paul , for petitioners Surfrider Foundation et al.

Peter T. Kashiwa , Lisa Woods Munger , Randall C. Whattoff , David J. Hoftiezer and Lisa A. Bail , Honolulu, for respondent Kyo-Ya Hotels & Resorts, LP.

William Meheula , Honolulu, and Natasha Baldauf , for respondent 20,000 Friends of Labor.

Donna Y.L. Leong , Don S. Kitaoka and Brad T. Saito , for respondent Department of Planning and Permitting City and County of Honolulu.

NAKAYAMA, McKENNA, POLLACK, and WILSON, JJ., with RECKTENWALD, C.J., concurring separately.

I. INTRODUCTION

In 1976, the Honolulu City Council established the Waikiki Special Design District in response "to the rapid development of the 1960s and 1970s, and the changes produced by that development." The City Council found that "[t]o the world, Waikiki is a recognized symbol of Hawai'i [] and...

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