CARMICHAEL v. BD. OF LAND & NATURAL RES.

SCWC-16-0000071.

506 P.3d 211 (2022)

Healoha CARMICHAEL, Lezley Jacintho, and Na Moku Aupuni O Ko`olau Hui, Petitioners/Plaintiffs-Appellees/Cross-Appellees/Cross-Appellants, v. BOARD OF LAND AND NATURAL RESOURCES, Suzanne Case, in her official capacity as Chairperson of the Board of Land and Natural Resources, the Department of Land and Natural Resources, Respondents/Defendants-Appellees/Cross-Appellees/Cross-Appellants, and Alexander & Baldwin, Inc., East Maui Irrigation Co., Ltd., and Hawai`ian Commercial and Sugar Co., Respondents/Defendants-Appellants/Cross-Appellees, and County of Maui, Department of Water Supply, Respondent/Defendant-Appellee/Cross-Appellant/Cross-Appellee.

Supreme Court of Hawai`i.

March 3, 2022.


Attorney(s) appearing for the Case

David Kauila Kopper for petitioners Healoha Carmichael, Lezley Jacintho, and Nā Moku Aupuni O Ko`olau Hui.

Linda L.W. Chow ( William J. Wynhoff , Honolulu, on the briefs) for respondents BLNR, Suzanne Case in her official capacity as Chairman of BLNR, and DLNR.

David Schulmeister ( Trisha H.S.T. Akagi , Honolulu, on the briefs) for respondents Alexander & Baldwin, Inc. and East Maui Irrigation Co., Ltd.

Caleb P. Rowe ( Kristin K. Tarnstrom on the briefs) for respondent County of Maui, Department of Water Supply.

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


Since 1986, the water rights for 33,000 acres of ceded lands in the Ko`olau Forest Reserve and Hanawi Natural Area Reserve have been governed by four revocable permits issued by Respondent/Defendant-Appellant/Cross-Appellee/Cross-Appellant the Board of Land and Natural...

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