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FRIENDS OF MAKAKILO v. D.R. HORTON-SCHULER

No. SCAP-13-0002408.

338 P.3d 516 (2014)

134 Haw. 135

FRIENDS OF MAKAKILO, Petitioner/Intervenor/Cross-Appellant-Appellant, v. D.R. HORTON-SCHULER HOMES, LLC, a Delaware limited liability company, d.b.a. D.R. Horton-Schuler Division; The Land Use Commission of the State of Hawai`i; Office of Planning, State of Hawai`i; Department of Planning and Permitting, City and County of Honolulu, Respondents/Appellees-Appellees, and The Sierra Club and the Honorable Senator Clayton Hee, Respondents/Appellants-Appellants.

Supreme Court of Hawai`i.

October 30, 2014.

Attorney(s) appearing for the Case

Jack Schweigert, Honolulu, and Linda M.B. Paul, for petitioner.

Gregory W. Kugle and Matthew T. Evans, Honolulu, for respondent, D.R. Horton-Schuler Homes, LLC.

David M. Louie, Bryan C. Yee and Deborah Day Emerson, Honolulu, for respondent, Office of Planning, State of Hawai`i.

David M. Louie, Diane Erickson and Patricia Ohara, Honolulu, for respondent, Land Use Commission of the State of Hawai`i.

Donna Y.L. Leong and Dawn Takeuchi Apuna, for respondent, Department of Planning and Permitting, City and County of Honolulu.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, and POLLACK, JJ., and Circuit Judge CHANG, assigned by reason of vacancy.

I. Introduction

Petitioner/Intervenor/Cross-Appellant-Appellant Friends of Makakilo ("Friends" or "FOM"), a 501(c)(4) non-profit corporation, appeals from the Circuit Court of the First Circuit's Final Judgment dated June 26, 2013, and filed June 27, 2013, which affirmed its November 9, 2013 Order dismissing...

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