SIERRA CLUB v. OFFICE OF PLANNING, STATE

No. 26174.

126 P.3d 1098 (2006)

109 Hawai`i 411

The SIERRA CLUB, a California non-profit corporation registered to do business in the State of Hawai`i, Appellant/Plaintiff-Appellee, v. OFFICE OF PLANNING, STATE OF HAWAI`I, Appellee/Defendant-Appellant, and The Land Use Commission of the State of Hawai`i; Lawrence N.C. Ing, in his capacity as Vice-Chairperson of the Land Use Commission of the State of Hawai`i; Castle & Cooke Homes Hawaii, Inc., a Hawai`i corporation; Pacific Health Community, Inc., a Hawai`i corporation; City and County of Honolulu; and Neighborhood Board No. 25, Appellees/Defendants-Appellees.

Supreme Court of Hawai`i.

January 27, 2006.


Attorney(s) appearing for the Case

Deborah Day Emerson and John W.K. Chang, Deputy Attorneys General, On the briefs, for appellee/defendant-appellant Office of Planning, State of Hawai`i.

Russell A. Suzuki and Diane Erickson, Deputy Attorneys General, On the briefs, for appellees/defendants-appellees The Land Use Commission of the State of Hawai`i and Lawrence N.C. Ing, in his capacity as Vice-Chairperson of the Land Use Commission of the State of Hawai`i.

Isaac Hall, On the briefs, Wailuku, for appellant/plaintiff-appellee The Sierra Club.

William W.L. Yuen, On the briefs, Honolulu, for appellee/defendant-appellee Pacific Health Community, Inc.

Bruce L. Lamon (of Goodsill Anderson Quinn & Stifel), On the briefs, Honolulu, for appellee/defendant-appellee Castle & Cooke Homes Hawaii, Inc.

Lori K.K. Sunakoda, Deputy Corporation Counsel, for appellee/defendant-appellee City and County of Honolulu (no brief filed).

Neighborhood Board No. 25 c/o Richard G. Poirier, for appellee/defendant-appellee Neighborhood Board No. 25 (no brief filed).

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.


Opinion of the Court by DUFFY, J.

Appellee/Defendant-Appellant State Office of Planning, State of Hawai`i (SOP), appeals from the Circuit Court of the First Circuit's September 23, 2003 final judgment entered in favor of Appellant/Plaintiff-Appellee The Sierra Club (Sierra Club).1 SOP and Appellees/Defendants-Appellees The Land Use Commission of the State of Hawai`i (the LUC), Castle & Cooke Homes Hawaii, Inc. (Castle & Cooke)...

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