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PELE DEFENSE FUND v. PUNA GEOTHERMAL VENTURE

No. 16098.

881 P.2d 1210 (1994)

77 Hawai'i 64

PELE DEFENSE FUND, a Hawaii non-profit corporation; Kapoho Community Association, a Hawai'i non-profit corporation; Robert Petricci; Jennifer Perry; Steve Phillips; and Aurora Martinovitch, Appellants-Appellees, v. PUNA GEOTHERMAL VENTURE, a Hawai`i general partnership; John C. Lewin, M.D., in his capacity as Director of Health; State of Hawaii, Department of Health, Appellees—Appellants.

Supreme Court of Hawaii.

September 23, 1994.

Attorney(s) appearing for the Case

Margery Sue Bronster (Gerald A. Sumida, Gilbert S. Coloma-Agaran, Duane R. Fisher of Carlsmith, Ball, Wichman, Murray, Case, Mukai & Ichiki, with her on the briefs), Honolulu, for appellee-appellant Puna Geothermal Venture.

Anthony L. Ranken, Wailuku, Maui, for appellants-appellees.

Before MOON, C.J., KLEIN, NAKAYAMA and RAMIL, JJ., and WALTER M. HEEN, Intermediate Court of Appeals Judge, In Place of LEVINSON, J., Recused.

KLEIN, Justice.

Puna Geothermal Venture (PGV) appeals the third circuit court's order denying PGV's motion to dismiss for lack of subject matter jurisdiction in an agency appeal brought by Pele Defense Fund (PDF) and other named parties1 (collectively "Appellees"). PDF's appeal of the Department of Health's (DOH) decision to grant PGV's requested permits was brought pursuant to Hawai`i Revised...

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