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MAUNALUA BAY BEACH OHANA 28 v. STATE

No. 28175.

222 P.3d 441 (2009)

MAUNALUA BAY BEACH OHANA 28, a Hawai`i non-profit corporation; Maunalua Bay Beach Ohana 29, a Hawai`i non-profit corporation; Maunalua Bay Beach Ohana 38, a Hawai`i non-profit corporation, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. STATE of Hawai`i, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

December 30, 2009.

Attorney(s) appearing for the Case

Girard D. Lau, Deputy Attorney General (William J. Wynhoff, Deputy Attorney General, with him on the briefs), State of Hawai`i, for Defendant-Appellant.

Paul Alston (Laura P. Couch, with him on the briefs), (Alston Hunt Floyd & Ing), Honolulu, for Plaintiffs-Appellees.

Carl C. Christensen, on the amicus curiae brief, for Hawaii's Thousand Friends.

Robert H. Thomas (Damon Key Leong Kupchak Hastert), Honolulu, on the amicus curiae brief, for Pacific Legal Foundation Hawaii Center.

WATANABE and FOLEY, JJ.; with NAKAMURA, C.J., concurring separately and dissenting.

Opinion of the Court by WATANABE, J.

This appeal arises from an inverse-condemnation lawsuit filed by Maunalua Bay Beach Ohana 28, Maunalua Bay Beach Ohana 29, and Maunalua Bay Beach Ohana 381 (collectively, Plaintiffs), on behalf of themselves and all non-governmental owners of oceanfront real property in Hawai`i on and/or after May 19, 2003 (oceanfront, littoral, or riparian owners), challenging...

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