SIERRA CLUB v. CASTLE & COOKE HOMES

Nos. CAAP-11-0000625, CAAP-11-0000627, CAAP-11-0000730, CAAP-11-0000744.

289 P.3d 1011 (2012)

128 Haw. 375

SIERRA CLUB, Appellant-Appellee, v. CASTLE & COOKE HOMES HAWAI`I, INC., Appellee-Appellant, and The Land Use Commission of the State of Hawai`i; Office of Planning, State of Hawaii; Department of Planning and Permitting; and Neighborhood Board No. 25, Appellees-Appellees. Sierra Club, Appellant-Appellee, v. The Land Use Commission of the State of Hawai`i, Appellee-Appellant, and Castle & Cooke Homes Hawai`i, Inc.; Office of Planning, State of Hawaii; Department of Planning and Permitting; and Neighborhood Board No. 25, Appellees-Appellees. Sierra Club, Appellant-Appellee, v. Castle & Cooke Homes Hawai`i, Inc., Appellee-Appellant, and The Land Use Commission of the State of Hawai`i; Office of Planning, State of Hawaii; Department of Planning and Permitting; and Neighborhood Board No. 25, Appellees-Appellees. Sierra Club, Appellant-Appellee, v. The Land Use Commission of the State of Hawai`i, Appellee-Appellant, and Castle & Cooke Homes Hawai`i, Inc.; Office of Planning, State of Hawaii; Department of Planning and Permitting; and Neighborhood Board No. 25, Appellees-Appellees.

Intermediate Court of Appeals of Hawai`i.

August 24, 2012.


Attorney(s) appearing for the Case

Benjamin M. Matsubara, Curtis T. Tabata, Wyeth M. Matsubara, (Matsubara-Kotake), on the briefs, for Appellee-Appellant, Castle & Cooke Homes Hawai`i, Inc.

Diane Erickson, (on the opening and reply briefs), Sarah R. Hirakami, (on the reply brief), Deputy Attorneys General, on the briefs, for Appellee-Appellant, Land Use Commission, State of Hawai`i.

Robert D. Harris, on the briefs, for Appellant-Appellee, Sierra Club.

FOLEY, Presiding J., FUJISE and LEONARD, JJ.


Opinion of the Court by FOLEY, J.

Castle & Cooke Homes Hawai`i, Inc. (Castle & Cooke) and the Land Use Commission of the State of Hawai`i (LUC) appeal from the Final Judgment (judgment) entered October 5, 2011 in the Circuit Court of the First Circuit1 (circuit court). Judgment was entered pursuant to the "Order Summarily Denying Appellees Supplemental Memorandum Re: Jurisdiction for Quo Warranto filed herein on July 29, 2011"...

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