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SAVE DIAMOND HEAD WATERS LLC v. HANS HEDEMANN SURF, INC.

No. 27804.

198 P.3d 715 (2008)

SAVE DIAMOND HEAD WATERS LLC, a Hawaii limited liability corporation; Kapiolani Park Preservation Society, LLC, a Hawaii limited liability corporation; Mike Beason, an individual; and Richard K. Quinn, an individual, Appellants-Appellees, v. HANS HEDEMANN SURF, INC., Appellee-Appellant, and City and County of Honolulu, by and through the Department of Planning and Permitting, Appellee-Appellee, and McInery Foundation, a Hawaii corporation; and Hotel Kaimana, Inc., a Hawaii corporation, Appellees.

Intermediate Court of Appeals of Hawai`i.

December 19, 2008.

Attorney(s) appearing for the Case

William W.L. Yuen and Philip W.T. Chang (Ching, Yuen & Morikawa), on the briefs, Honolulu, for Appellee-Appellant Hans Hedemann Surf, Inc.

Dane L. Miller and Wilma Sur (Miller Tokuyama & Sur LLP), on the briefs, Honolulu, for Appellants-Appellees Save Diamond Head Waters, LLC, Kapiolani Park Preservation Society, LLC, Mike Beason, and Richard K. Quinn.

FOLEY, Presiding Judge, NAKAMURA and FUJISE, JJ.

Opinion of the Court by FUJISE, J.

Appellee-Appellant Hans Hedemann Surf, Inc. (Hedemann) appeals from the April 19, 2006 Amended Final Judgment on Administrative Appeal, Vacating and Modifying Decision of the Zoning Board of Appeals in Zoning Board of Appeal Matter Number 2004/ZBA-04, prohibiting Hedemann's operation of a surfing school out of the New Otani Kaimana Beach Hotel (the Hotel). Upon a careful review of the issues raised by Hedemann, the brief in opposition...

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