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PONO v. MOLOKAI RANCH, LTD.

No. 28359.

194 P.3d 1126 (2008)

PONO, an unincorporated association; Walter Ritte, Jr.; Wayde Lee; Matthew Adolpho; and Joseph Kalipi, as individuals and members of Pono, Plaintiffs/Counterclaim Defendants-Appellants, and Halona Kaopu'Iki, Plaintiff/Counterclaim Defendant-Appellee, v. MOLOKAI RANCH, LTD., a Hawai'i corporation, Defendant/Counterclaimant-Appellee, and James W. Mozley, Jr.; Charles Jencks, as an individual and in his capacity as Director of the County of Maui, Department of Public Works and Waste Management; Linda Crockett Lingle, as an individual and in her capacity as Mayor of the County of Maui; County of Maui, a governmental entity, Defendants-Appellees.

Intermediate Court of Appeals of Hawai`i.

October 21, 2008.

Attorney(s) appearing for the Case

David Kimo Frankel (Alan T. Murakami and Anthony F. Quan, Jr., with him on the briefs) (Native Hawaiian Legal Corporation), Honolulu, for plaintiffs/counterclaim defendants-appellants.

Gregory W. Kugle (Kenneth R. Kupchak, with him on the brief) (Damon Key Leong Kupchak Hastert), Honolulu, for defendant/counterclaimant-appellee.

Mary Blane Johnston, deputy corporation counsel (Jane E. Lovell, deputy corporation counsel, on the brief), County of Maui, for defendants-appellees County of Maui, Charles Jencks, and Linda Crockett Lingle.

WATANABE, Presiding J., and FUJISE, J.; with FOLEY, J., concurring separately.

Opinion of the Court by WATANABE, Presiding J.

This appeal concerns the development by Molokai Ranch, Ltd. (MR or Molokai Ranch) of fifteen commercial overnight campgrounds (Project) on agricultural lands with a soil classification rating of C, D, E, or U (also referred to as "non-prime agricultural lands") that are located along the "Great Molokai Ranch Trail" on the west end of Moloka'i. In June 1995, MR wrote to Linda Crockett Lingle, then-mayor of the County of...

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