IN RE KUKUI (MOLOKAI), INC.

SCOT-17-0000184.

431 P.3d 807 (2018)

In the MATTER OF the CONTESTED CASE HEARING ON the WATER USE PERMIT APPLICATION ORIGINALLY FILED BY KUKUI (MOLOKAI), INC., Now Refiled as a New Ground Use by Molokai Public Utilities, LLC.

Supreme Court of Hawai`i.

AS CORRECTED December 14, 2018.


Attorney(s) appearing for the Case

Calvert G. Chipchase , Christopher T. Goodin , Trisha Akagi , Honolulu, for applicant-appellant.

Camille Kalama , Honolulu, David K. Kopper , Sharla Ann Manley , for appellees, Judy Caparida and Georgina, Kuahuia.

Ryan Kanaka`ole , Diane K. Taira , Matthew S. Dvonch , Honolulu, for appellee, Department of Hawaiian Home, Lands.

Sherry P. Broder , Honolulu, for appellee, Office of Hawaiian Affairs.

Caleb P. Rowe , Kristin K. Tarnstrom , for appellee, County of Maui, Department of Water Supply.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, JJ., AND CIRCUIT JUDGE GARIBALDI, IN PLACE OF WILSON, J., RECUSED.


When this court first considered this case over a decade ago, we vacated the issuance of two water use permits and remanded the matter to the State of Hawai`i Commission on Water Resource Management (Commission) for further proceedings. On remand, parties indicating that they were the applicant's successors in...

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