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BOARD OF LAND AND NATURAL RESOURCES v. CRABTREE

No. SCPW-23-0000471.

BOARD OF LAND AND NATURAL RESOURCES, State of Hawai`i, Petitioner, v. THE HONORABLE JEFFREY P. CRABTREE, Judge of the Circuit Court of the First Circuit, State of Hawai`i, Respondent Judge, and SIERRA CLUB, ALEXANDER & BALDWIN, INC., EAST MAUI IRRIGATION COMPANY, LLC, and COUNTY OF MAUI, Respondents.

Supreme Court of Hawai`i.

April 18, 2024.

Attorney(s) appearing for the Case

Miranda C. Steed , ( Julie H. China and Danica L. Swenson on the briefs), for petitioner.

David Kimo Frankel , for respondent Sierra Club.

RECKTENWALD, C.J., McKENNA, EDDINS, JJ., CIRCUIT JUDGE DeWEESE AND CIRCUIT JUDGE KAWASHIMA, ASSIGNED BY REASON OF VACANCIES.

I.

This case concerns attorney fees.

We hold that a state-initiated original proceeding is not a legal action sheltered by sovereign immunity. Thus, the state may be on the hook for reasonable attorney fees spent opposing a frivolous petition for extraordinary relief.

Like here. We conclude...

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