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IN RE WAI`OLA O MOLOKA'I, INC.

No. 22250.

83 P.3d 664 (2004)

103 Hawai'i 401

In the Matter of the Contested Case Hearing on Water Use, Well Construction, and Pump Installation Permit Applications, Filed By WAI'OLA O MOLOKA'I, INC. and Moloka'i Ranch, Limited.

Supreme Court of Hawaii.

January 29, 2004.

Attorney(s) appearing for the Case

William M. Tam, of Alston, Hunt, Floyd & Ing, Honolulu, on the briefs, for the appellant, Department of Hawaiian Home Lands.

Alan T. Murakami, of Native Hawaiian Legal Corporation, Honolulu, on the briefs, for the intervenors-appellants, Martin Kahae, Wayde Lee, Sheldon Hamakua, Walter Mendes, Louise Bush, Judy Caparida, and Robert Alcain.

Paul H. Achitoff, of Earthjustice Legal Defense Fund, Honolulu, on the briefs, for the intervenors-appellants, Walter Ritte, Earl Mowat, and Glenn Davis.

Jon M. Van Dyke, on the briefs, for the intervenor-appellant, Office of Hawaiian Affairs.

Linden H. Joesting, Deputy Attorney General, on the briefs, for the appellee, State of Hawai`i.

Yvonne Y. Izu, of Oshima, Chun, Fong & Chung, Honolulu, on the briefs, for the applicant-appellee, Wai'ola O Moloka'i, Inc. and Moloka'i Ranch, Ltd.

Gary W. Zakian, Deputy Corporation Counsel, on the briefs, for the appellee, County of Maui.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ., Circuit Judge McKENNA, in place of DUFFY, J., Recused, and ACOBA, J., Concurring Separately.

Opinion of the Court by LEVINSON, J.

This appeal arises from a contested case hearing before the appellee Commission on Water Resource Management [hereinafter, "the Commission"] involving the water use permit, well construction permit, and pump installation permit applications submitted...

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