Lanaians for Sensible Growth v. Lanai Resorts, LLC

Full title: LANAIANS FOR SENSIBLE GROWTH, Appellant-Appellee, v. LANAI RESORTS, LLC…

Court: INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

Date published: Mar 24, 2016

NO. CAAP-13-0000314 (Haw. Ct. App. Mar. 24, 2016)

Opinion

NO. CAAP-13-0000314 NO. CAAP-12-0001065

03-24-2016

LANAIANS FOR SENSIBLE GROWTH, Appellant-Appellee, v. LANAI RESORTS, LLC, Appellee-Appellant, and LAND USE COMMISSION; RANSOM A.K. PILTZ, in this official capacity as Chairperson of the STATE OF HAWAII LAND USE COMMISSION; VLADIMIR P. DEVENS, REUBEN S.F. WONG, KYLE CHOCK, THOMAS CONTRADES, LISA M. JUDGE, DUANE KANUHA, NORMAND R. LEZY, and NICHOLAS W. TEVES, JR., in their official capacities as members of the LAND USE COMMISSION; COUNTY OF MAUI PLANNING DEPARTMENT; STATE OFFICE OF PLANNING, Appellees-Appellees LANAIANS FOR SENSIBLE GROWTH, Appellant-Appellee, v. LANAI RESORTS, LLC, Appellee-Appellant, and LAND USE COMMISSION; RANSOM A.K. PILTZ, in this official capacity as Chairperson of the STATE OF HAWAII LAND USE COMMISSION; VLADIMIR P. DEVENS, REUBEN S.F. WONG, KYLE CHOCK, THOMAS CONTRADES, LISA M. JUDGE, DUANE KANUHA, NORMAND R. LEZY, and NICHOLAS W. TEVES, JR., in their official capacities as members of the LAND USE COMMISSION; CASTLE AND COOKE RESORTS, INC.; COUNTY OF MAUI PLANNING DEPARTMENT; STATE OFFICE OF PLANNING, Appellees-Appellees

By: Foley, Presiding J.

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 10-1-0415) ORDER OF CORRECTION
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IT IS HEREBY ORDERED that the Memorandum Opinion filed March 21, 2016 in the above case is corrected as follows:

On page 14, in the third line of the second complete paragraph the words "in Hou" at the end of the first sentence should be removed and a period should be placed after the word "agencies" so that as corrected the sentence shall read: "The supreme court in Hou recently discussed the importance of due process protections for parties in adjudicatory proceedings before administrative agencies."

On page 15, in the last sentence of the second complete paragraph the word "cases" should be "case" so that as corrected the sentence shall read: "Effectively, however, the LUC did not accept any more testimony on the contested case."

The Clerk of the Court is directed to take all necessary steps to notify the publishing agencies of this change.

DATED: Honolulu, Hawai'i, March 24, 2016.

/s/

Presiding Judge