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SIERRA CLUB v. D.R. HORTON-SCHULER HOMES

No. SCAP-13-0002266.

364 P.3d 213 (2015)

136 Hawai'i 505

The SIERRA CLUB and Senator Clayton Hee, Petitioners/Appellants-Appellants, v. D.R. HORTON-SCHULER HOMES, LLC, a Delaware limited liability company, d.b.a. D.R. Horton-Schuler Division; the Land Use Commission of the State of Hawai`i; Office of Planning, State of Hawai`i; Department of Planning and Permitting, Respondents/Appellees-Appellees.

Supreme Court of Hawai`i.

December 22, 2015.

Attorney(s) appearing for the Case

Eric A. Seitz , Della A. Belatti , and Sarah R. Devine , Honolulu, for petitioners.

Gregory W. Kugle , and Matthew T. Evans , Honolulu, for respondent D.R. Horton-Schuler Homes, LLC.

RECKTENWALD, C.J., NAKAYAMA and McKENNA, JJ., and Circuit Judge CHANG, In Place of ACOBA, J., Recused; with POLLACK, J., Dissenting.

I. Introduction

This appeal involves a long-standing issue in this state: balancing agricultural and urban land uses. Appellants Sierra Club and Clayton Hee challenge the Land Use Commission's ("LUC") reclassification of approximately 1525.516 acres of Appellee D.R. Horton-Schuler Homes' ("D.R. Horton...

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