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PUBLIC ACCESS TRAILS v. HALEAKALA RANCH CO.

SCWC-16-0000559.

526 P.3d 526 (2023)

PUBLIC ACCESS TRAILS HAWAI`I, a Hawai`i Nonprofit Corporation, and David Brown, Joe Bertram, III; Ken Schmitt; for themselves individually, and on behalf of the certified class members, Petitioners/Plaintiffs-Appellants, v. HALEAKALA RANCH COMPANY, a Hawai`i Corporation; State of Hawai`i, William Ailā, Jr., in his official capacity as the Director of the State of Hawai`i Department of Land and Natural Resources and chair of the State of Hawai`i Board of Land and Natural Resources; Department of Land and Natural Resources, Respondents/Defendants-Appellees. Department of Land and Natural Resources, State of Hawai`i, Respondent/Cross-Claimant-Appellee, v. Haleakala Ranch Company, a Hawai`i Corporation, Respondent/Cross-Claim Defendant-Appellee.

Supreme Court of Hawai`i.

March 15, 2023.

Attorney(s) appearing for the Case

Peter N. Martin and Tom Pierce , for appellants.

Francis P. Hogan , Michael W. Gibson and Benjamin M. Creps , Honolulu, for appellee Haleakala Ranch Company.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, WILSON, AND EDDINS, JJ., WITH McKENNA, J., ALSO CONCURRING SEPARATELY, WITH WHOM WILSON, J., JOINS

I. INTRODUCTION

This case involves the recovery of attorneys' fees and costs by a plaintiff from a private defendant under the private attorney general ("PAG") doctrine.

Petitioners/Plaintiffs-Appellants Public Access Trails Hawai`i ("PATH"); David Brown; Joe Bertram, III; and Ken Schmitt (collectively...

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