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Sierra Club v. Castle & Cooke Homes Hawaii

August 24, 2012

SIERRA CLUB, APPELLANT-APPELLEE,
v.
CASTLE & COOKE HOMES HAWAII, INC.,
APPELLEE-APPELLANT, AND THE LAND USE COMMISSION OF THE STATE OF HAWAII; OFFICE OF PLANNING, STATE OF HAWAII; DEPARTMENT OF PLANNING AND PERMITTING; AND NEIGHBORHOOD BOARD NO. 25, APPELLEES-APPELLEES SIERRA CLUB, APPELLANT-APPELLEE,
v.
THE LAND USE COMMISSION OF THE STATE OF HAWAII,
APPELLEE-APPELLANT, AND CASTLE & COOKE HOMES HAWAII, INC.; OFFICE OF PLANNING, STATE OF HAWAII; DEPARTMENT OF PLANNING AND PERMITTING; AND NEIGHBORHOOD BOARD NO. 25, APPELLEES-APPELLEES SIERRA CLUB, APPELLANT-APPELLEE,
v.
CASTLE & COOKE HOMES HAWAII, INC.,
APPELLEE-APPELLANT, AND FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER THE LAND USE COMMISSION OF THE STATE OF HAWAII; OFFICE OF PLANNING, STATE OF HAWAII; DEPARTMENT OF PLANNING AND PERMITTING; AND NEIGHBORHOOD BOARD NO. 25, APPELLEES-APPELLEES SIERRA CLUB, APPELLANT-APPELLEE,
v.
THE LAND USE COMMISSION OF THE STATE OF HAWAII,
APPELLEE-APPELLANT, AND CASTLE & COOKE HOMES HAWAII, INC.; OFFICE OF PLANNING, STATE OF HAWAII; DEPARTMENT OF PLANNING AND PERMITTING; AND NEIGHBORHOOD BOARD NO. 25, APPELLEES-APPELLEES



APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 10-1-2424)

The opinion of the court was delivered by: Foley, J.

FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

FOLEY, PRESIDING J., FUJISE AND LEONARD, JJ.

OPINION OF THE COURT BY FOLEY, J.

Castle & Cooke Homes Hawaii, Inc. (Castle & Cooke) and the Land Use Commission of the State of Hawaii (LUC) appeal from the Final Judgment (judgment) entered October 5, 2011 in the Circuit Court of the First Circuit *fn1 (circuit court). Judgment was entered pursuant to the "Order Summarily Denying Appellees Supplemental Memorandum Re: Jurisdiction for Quo Warrantor filed herein on July 29, 2011" and the "Order Summarily Denying Appellee Castle & Cooke Homes Hawaii, Inc.'s Motion For

FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER Reconsideration Of Order Denying Appellees Supplemental Memorandum Re: Jurisdiction for Quo Warrantor Without Hearing filed herein on August 15, 2011." Judgment was entered in favor of Sierra Club and against Castle & Cooke, LUC, Office of Planning of the State of Hawaii (State OP), the City and County of Honolulu Department of Planning and Permitting (City DPP), and the City and County of Honolulu Neighborhood Board No. 25 (City NB No. 25).

I.

On October 15, 2010, LUC filed "Findings of Fact, Conclusions of Law and Decision and Order" (Order) in Petition No. A07-775 (Petition), which (1) reclassified land within Castle & Cooke's Koa Ridge Makai (Koa Ridge Makai), Increment 1, to the State Land Use Urban District, and (2) approved for incremental redistricting and conditional redistricting to State Land Use Urban District the land within the Castle & Cooke Wai'awa Project (Wai'awa Project), Increment 2.

On November 10, 2010, Sierra Club filed an appeal in circuit court from LUC's Order pursuant to Hawaii Revised Statutes (HRS) § 91-14 (1993 & Supp. 2010), HRS § 205-4(i) (2001 Repl. & Supp. 2010), Hawaii Administrative Rules (HAR) § 15-15-93 (2010), and Hawaii Rules of Civil Procedure (HRCP) Rule 72. The parties submitted briefs to the circuit court. Oral argument was held July 19, 2011. The circuit court then entered numerous pre-judgment orders.

On August 24, 2011, in anticipation of the circuit court judgment, both Castle & Cooke and LUC filed notices of appeal -- Castle & Cooke in No. CAAP-11-0000625 and LUC in No. CAAP-11-0000627.

On October 5, 2011, the circuit court entered judgment reversing LUC's October 15, 2010 order.

On October 7, 2011, Castle & Cooke filed another notice of appeal from the October 5, 2011 judgment in No. CAAP-11-0000730. On October 12, 2011, LUC followed suit by filing another notice of appeal from the October 5, 2011 judgment in CAAP-11-0000744.

On November 16, 2011, this court entered an Order of Consolidation in No. CAAP-ll-0000625 that consolidated No. CAAP-11-0000625, No. CAAP-11-0000627, No. CAAP-11-0000730, and No. CAAP-11-0000744, under ...


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