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Caren Diamond and Beau Blair v. Craig Dobbin and Wagner Engineering Services

August 31, 2012

CAREN DIAMOND AND BEAU BLAIR, PLAINTIFFS-APPELLANTS/APPELLEES-CROSS-APPELLEES,
v.
CRAIG DOBBIN AND WAGNER ENGINEERING SERVICES, INC., DEFENDANTS-APPELLEES/APPELLANTS-CROSS-APPELLEES AND STATE OF HAWAII, BOARD OF LAND AND NATURAL RESOURCES, DEFENDANT-APPELLEE/APPELLEE-CROSS-APPELLANT
AND CAREN DIAMOND AND BEAU BLAIR, PLAINTIFFS-APPELLANTS/APPELLEES-CROSS-APPELLEES,
v.
CRAIG DOBBIN AND WAGNER ENGINEERING SERVICES, INC., DEFENDANTS-APPELLEES/APPELLANTS-CROSS-APPELLEES AND STATE OF HAWAII, BOARD OF LAND AND NATURAL RESOURCES, DEFENDANT-APPELLEE/APPELLEE-CROSS-APPELLANT



APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT MEMORANDUM OPINION

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER NO. 30573;and CAAP-11-0000345

(By: Foley, Presiding J., Fujise and Leonard, JJ.)

In appellate case number 30573 (30573), Craig Dobbin (Dobbin) and Wagner Engineering Services, Inc. (WESI)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

(collectively, Appellants) appeal from the May 19, 2010 Judgment (2010 Judgment) entered in the Circuit Court of the Fifth Circuit. Judgment was entered in favor of Caren Diamond (Diamond) and Beau Blair (Blair) and against State of Hawaii Board of Land and Natural Resources (BLNR), Dobbin, and WESI. BLNR cross-appealed from the 2010 Judgment.

In appellate case number CAAP-11-0000345 (CAAP-11-345), Appellants appeal from the March 31, 2011 Judgment (2011 Judgment) also entered in the Circuit Court of the Fifth Circuit*fn1 (circuit court) in favor of Diamond and Blair and against BLNR, Dobbin, and WESI. BLNR cross-appealed from the 2011 Judgment. On August 25, 2011, this court consolidated 30573 and CAAP-11-345 for decision.

The circuit court's 2010 Judgment was rendered moot when BLNR filed its "Amended Findings of Fact; Conclusions of Law and Decision and Order" (BLNR Amended D&O) on May 21, 2010. Therefore, we do not address the issues raised in 30573. See Wong v. Bd. of Regents, University of Hawaii, 62 Haw. 391, 394, 616 P.2d 201, 203-04 (1980). See also Application of Thomas, 73 Haw. 223, 225-26, 832 P.2d 253, 254 (1992).

On appeal, Appellants contend the circuit court erred in reversing and vacating the BLNR Amended D&O when

(1) the actions of BLNR were consistent with the statutory authority granted to it;

(2) BLNR's findings of fact were not clearly erroneous in view of the reliable, probative and substantial evidence on the whole record;

(3) BLNR correctly exercised its discretion and committed no error of law; and

(4) the circuit court wrongfully substituted its own judgment on the evidence and ignored BLNR'S determination.

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

On cross-appeal, BLNR, contends the circuit court erred when

(1) it incorrectly applied the standard of review;

(2) it failed to confine its review to the record on appeal and improperly ...


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