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SIERRA CLUB v. D.R. HORTON-SCHULER HOMES

No. SCAP-13-0002266.

364 P.3d 213 (2015)

136 Hawai'i 505

The SIERRA CLUB and Senator Clayton Hee, Petitioners/Appellants-Appellants, 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, Respondents/Appellees-Appellees.

Supreme Court of Hawai`i.

December 22, 2015.

Attorney(s) appearing for the Case

Eric A. Seitz, Della A. Belatti, and Sarah R. Devine, Honolulu, for petitioners.

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

RECKTENWALD, C.J., NAKAYAMA and McKENNA, JJ., and Circuit Judge CHANG, In Place of ACOBA, J., Recused; with POLLACK, J., Dissenting.

I. Introduction

This appeal involves a long-standing issue in this state: balancing agricultural and urban land uses. Appellants Sierra Club and Clayton Hee challenge the Land Use Commission's ("LUC") reclassification of approximately 1525.516 acres of Appellee D.R. Horton-Schuler Homes' ("D.R. Horton...

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