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BRESCIA v. NORTH SHORE OHANA

No. 27211.

168 P.3d 929 (2007)

Joseph A. BRESCIA, Plaintiff/Appellant-Appellee v. NORTH SHORE OHANA, Harold Bronstein and Caren Diamond, Defendants/Appellees-Appellants. and Planning Commission of the County of Kauai, Defendant/Appellee.

Supreme Court of Hawai`i.

Reconsideration Denied August 31, 2007.

Attorney(s) appearing for the Case

Harold Bronstein, Lihue, on the briefs, for defendants/appellees-appellants.

Walton D.Y. Hong, Lihue, on the briefs, for plaintiff/appellant-appellee.

NAKAYAMA, ACOBA, and DUFFY, JJ.; with LEVINSON, J., concurring separately, and with whom MOON, C.J., joins.

Opinion of the Court by ACOBA, J.

We hold in this secondary appeal by Defendants/Appellees-Appellants North Shore Ohana, Harold Bronstein, and Caren Diamond [hereinafter collectively, "Appellants"], from the March 4, 2005 judgment of the circuit court of the fifth circuit1 (the court) issued pursuant to the court's March 4, 2005 findings of fact, conclusions of law, decision and order reversing and remanding, in favor of Plaintiff/Appellant...

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