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PILA`A 400 v. BD. OF LAND & NATURAL RES.

No. SCWC-28358.

320 P.3d 912 (2014)

132 Haw. 247

PILA`A 400, LLC, Petitioners/Appellant-Appellant, v. BOARD OF LAND AND NATURAL RESOURCES and Department of Land and Natural Resources, State of Hawai`i, Respondents/Appellees-Appellees.

Supreme Court of Hawai'i.

February 14, 2014.

Attorney(s) appearing for the Case

Wesley H.H. Ching and Kathleen M. Douglas, Honolulu, for petitioner.

William J. Wynhoff, for respondent Department of Land and Natural Resources.

Diane Erickson and Russell A. Suzuki, Honolulu, for respondent Board of Land and Natural Resources.

ACOBA, McKENNA, and POLLACK, JJ., with Circuit Judge TRADER, in Place of RECKTENWALD, C.J., Recused, with NAKAYAMA, J., Acting C.J., Concurring and Dissenting.

Opinion of the Court by POLLACK, J.

This case requires us to consider whether Pila`a 400, LLC (Pila`a 400) was properly held responsible for remedial, restoration, and monitoring costs assessed against it by the Board of Land and Natural Resources (BLNR) for despoilment of state conservation land resulting from unauthorized land use by Pila`a 400, which included significant harm to a near-pristine coral reef.

We hold that BLNR had jurisdiction to institute...

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