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SIERRA CLUB v. CASTLE & COOKE HOMES

No. SCWC-11-0000625.

320 P.3d 849 (2013)

132 Haw. 184

SIERRA CLUB, Petitioner/Appellant-Appellee, v. CASTLE & COOKE HOMES HAWAI`I, INC.; and The Land Use Commission of the State of Hawai`i, Respondents/Appellees-Appellants, and Office of Planning, State of Hawai`i; Department of Planning and Permitting; and Neighborhood Board No. 25, Respondents/Appellees-Appellees.

Supreme Court of Hawai'i.

December 23, 2013.

Attorney(s) appearing for the Case

Robert D. Harris, for petitioner.

Marissa H.I. Luning, for respondent Land Use Commission of the State of Hawai`i.

Benjamin M. Matsubara, Curtis T. Tabata, and Wyeth M. Matsubara, Honolulu, for respondent Castle & Cooke Homes Hawai`i, Inc.

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

Opinion of the Court by POLLACK, J.

This case requires us to consider whether the Hawai`i State Senate's express rejection of a board member's nomination for a second term effectively disqualifies the member from continuing to serve on the board and from voting on matters of critical importance to the community.

On April 26, 2010, the Senate rejected Duane Kanuha's (Kanuha) nomination for a second term as a commissioner on the Respondent/Appellee-Appellant...

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