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BLAKE v. COUNTY OF KAUA'I PLANNING COM'N

No. SCWC-11-0000342.

315 P.3d 749 (2013)

131 Haw. 123

Theodore K. BLAKE, Petitioner/Plaintiff-Appellant, v. COUNTY OF KAUA'I PLANNING COMMISSION; County of Kaua'i Planning Department; Ian Costa, in his official capacity as Planning Director; Department of Land and Natural Resources; William J. Aila, Jr., in his official capacity as chair of the Department of Land and Natural Resources; and Stacey T.J. Wong, as Successor Trustee of the Eric A. Knudsen Trust, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

As Amended January 8, 2014.

Attorney(s) appearing for the Case

David Kimo Frankel, Honolulu, and Ashley K. Obrey, for petitioner.

Ian K. Jung, for respondents County of Kaua`i Planning Commission, County of Kaua`i Planning Department, and Costa.

Linda L.W. Chow, for respondents DLNR and Aila.

Michael D. Tom and Joseph F. Kotowski, III, Honolulu, for respondent Wong.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, and POLLACK, JJ.; with ACOBA, J., concurring and dissenting separately.

Opinion of the Court by RECKTENWALD, C.J.

This case involves a challenge to the County of Kaua`i Planning Commission's approval of a subdivision application for the Eric A. Knudsen Trust's development of land in Kōloa, Kaua`i. One of the challenged aspects of the proposed subdivision was the need for the Knudsen Trust to breach a historic road (Hapa Road) and its adjacent rock wall to provide access into the subdivision. During the Planning Commission's consideration...

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