LIFE OF THE LAND, INC. v. CITY COUNCIL, ETC.

No. 7240.

592 P.2d 26 (1979)

LIFE OF THE LAND, INC., a Hawaii Non-Profit Corporation by itself and on behalf of its members, the Council of Presidents, an Unincorporated Hawaii Association, by itself and on behalf of its members, E. Cooper Brown, Individually and on behalf of officers and members of Life of the Land, and Charles Ice, Individually, Plaintiffs-Appellants, v. CITY COUNCIL OF THE CITY AND COUNTY OF HONOLULU, Marilyn Bornhorst, personally and in her representative capacity as Chairperson and President of City Council, Kekoa D. Kaapu, George Koga, Frank W.C. Loo, George Akahane, Daniel Clement, Jr., W. Sandy Holck, Toraki Matsumoto, and Rudy Pacarro, personally and in their representative capacities as members of City Council, Frank F. Fasi, in his representative capacity as Mayor of the City and County of Honolulu, George S. Moriguchi, in his representative capacity as Director of the Department of Land Utilization of the City and County of Honolulu, and Howard Shima, in his representative capacity as Director of the Building Department of the City and County of Honolulu, Defendants-Appellees, and The Victoria Partnership, a Hawaii Limited Partnership, and the Admiral Thomas Venture, a Hawaii joint venture, in its capacity as the General Partner of the Victoria Partnership, Defendants-Intervenors-Appellees, and The First United Methodist Church, Intervening Defendant-Appellee.

Supreme Court of Hawaii.

As Amended March 21, 1979.

Reconsideration Denied April 3, 1979.


Attorney(s) appearing for the Case

Fred Paul Benco, Honolulu (Walter P. Zulkoski, Honolulu, for the motion), for plaintiffs-appellants.

Joseph T. Kiefer, Honolulu, for defendants-appellees.

Before RICHARDSON, C.J., OGATA, MENOR and KIDWELL, JJ., and KOBAYASHI, Retired Justice, assigned by Reason of Vacancy.


MENOR, Justice.

The plaintiffs-appellants have petitioned this court for a temporary injunction pending appeal, seeking to halt all proceedings, including all affirmative actions on the part of the appellee-developers (The Victoria Partnership and The Admiral Thomas Venture) to proceed with the construction of the Admiral Thomas condominium project, in the Kakaako development area, for which a building permit has been issued by the city. In their suit they question...

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