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MATTER OF KANAHELE

SCOT-19-0000830.

526 P.3d 478 (2023)

In the MATTER OF the Petition of Ku`ulei Higashi KANAHELE and Ahiena Kanahele, Individuals, for a Declaratory Order Concerning the Invalid Classification of the De Facto and Improper Industrial Use Precinct on Approximately 525 Acres of State Land Use Conservation District Lands Located in Mauna Kea and Hilo, County of Hawai`i, Tax Map Key No.: 4-4-015:0090 (POR.).

Supreme Court of Hawai`i.

March 15, 2023.

Attorney(s) appearing for the Case

Lance D. Collins and Bianca Isaki for Appellants.

Miranda C. Steed ( Patricia Ohara , Honolulu, and Lori N. Tanigawa on the brief) for Appellee Land Use Commission, State of Hawai`i.

Jesse K. Souki and Joseph F. Kotowski, III , ( Gary Y. Takeuchi , Honolulu, also on the brief) for Intervenor-Appellee University of Hawai`i.

Ross T. Shinyama and J. Douglas Ing ( Brian Kang and Summer H. Kaiawe , Honolulu, also on the brief) for Intervenor-Appellee TMT International Observatory LLC.

RECKTENWALD, C.J., NAKAYAMA, J., CIRCUIT JUDGE CATALDO, ASSIGNED BY REASON OF VACANCY, AND WILSON, J., DISSENTING, WITH WHOM McKENNA, J., JOINS.

This is another case in the series of proceedings challenging the construction of the Thirty Meter Telescope (TMT). However, unlike prior proceedings that only sought to prevent the TMT from being built, Appellants Ku`ulei Higashi Kanahele and Ahiena Kanahele (collectively, the Kanaheles) seek to use the Land...

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