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LĀNA`IANS FOR SENSIBLE GROWTH v. LAND USE

SCOT-17-0000526.

463 P.3d 1153 (2020)

LĀNA`IANS FOR SENSIBLE GROWTH, Intervenor-Appellant, v. LAND USE COMMISSION, County of Maui Department of Planning, State Office of Planning, Appellees, and Lāna`i Resorts, LLC, Petitioner-Appellee.

Supreme Court of Hawai`i.

May 15, 2020.

Attorney(s) appearing for the Case

Alan T. Murakami , ( Moses K.N. Haia, III , with him on the briefs), Honolulu, for appellant Lāna`ians for Sensible Growth.

Bryan C. Yee , Honolulu, ( Dawn Takeuchi-Apuna with him on the brief), for appellee State Office of Planning.

Benjamin A. Kudo , ( James K. Mee and Sarah M. Simmons with him on the brief), Honolulu, for appellee Lāna`i Resorts, LLC.

McKENNA, POLLACK, JJ., WITH WILSON, J., JOINING IN PARTS I— III(A)-(D) AND DISSENTING IN PARTS III(E) AND IV, AND WITH RECKTENWALD, C.J., CONCURRING IN THE JUDGMENT AND DISSENTING, WITH WHOM NAKAYAMA, J., JOINS.

In 2017, the Land Use Commission of the State of Hawai`i determined that, when it prohibited a resort from irrigating its golf course with "potable" water as a condition of its administrative order issued almost thirty years earlier, it did not mean "potable" by any common definition...

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