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KAUAI SPRINGS v. PLANNING COM'N OF KAUA`I

No. SCWC-29440.

324 P.3d 951 (2014)

133 Haw. 141

KAUAI SPRINGS, INC., Petitioner/Appellant-Appellee, v. PLANNING COMMISSION OF the COUNTY OF KAUA`I, Respondent/Appellee-Appellant.

Supreme Court of Hawai`i.

February 28, 2014.

Attorney(s) appearing for the Case

Robert H. Thomas and Mark M. Murakami, Honolulu, for petitioner.

Alfred B. Castillo, Jr., Lihue, Mauna Kea Trask, David J. Minkin, and Dayna H. Kamimura-Ching, Honolulu, for respondent.

Issac Moriwake, on the brief for Amici Curiae Mãlama Kaua`i and Hawaii's Thousand Friends.

Jon M. Van Dyke, Honolulu, Ernest M. Kimoto, on the brief for Amicus Curiae Office of Hawaiian Affairs.

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

Opinion of the Court by POLLACK, J.

This appeal arises out of a decision by Respondent/Appellee-Appellant Planning Commission of the County of Kaua`i (Planning Commission) to deny Petitioner/Appellant-Appellee Kauai Springs, Inc.'s (Kauai Springs) application for three permits related to the continued operation of Kauai Springs' water bottling facility. The Circuit Court of the Fifth Circuit (circuit court) reversed in part and vacated in part the Planning Commission...

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