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PROTECT & PRESERVE KAHOMA v. MAUI PLANNING

SCWC-15-0000478.

489 P.3d 408 (2021)

PROTECT AND PRESERVE KAHOMA AHUPUA'A ASSOCIATION, an unincorporated association, Michele Lincoln, Mark Allen, Linda Allen, and Constance B. Sutherland, Respondents/Plaintiffs-Appellants, v. MAUI PLANNING COMMISSION, County of Maui, and Stanford Carr Development, LLC, a domestic limited liability company, Petitioners/Defendants-Appellees/Appellees.

Supreme Court of Hawai`i.

As Amended June 17, 2021.

Attorney(s) appearing for the Case

Lance D. Collins , for PPKAA.

Jennifer A. Lim , Honolulu ( Arsima A. Muller , Honolulu, and Craig G. Nakamura , Wailuku, with her on the briefs) for Carr.

Thomas W. Kolbe , ( Moana M. Lutey , Wailuku, and Caleb P. Rowe with him on the briefs) for the Commission.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, WILSON, AND EDDINS, JJ.

I. Introduction

This case arises from Stanford Carr Development, LLC's ("Carr") application for a Special Management Area ("SMA") use permit to build affordable housing ("the Project") within the County of Maui's SMA. The Protect and Preserve Kahoma Ahupua'a Association ("PPKAA") filed a petition to...

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