Frankel v. Board of Land and Natural Resources
This text of Frankel v. Board of Land and Natural Resources (Frankel v. Board of Land and Natural Resources) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 05-MAR-2025 09:27 AM Dkt. 155 OCOR
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
DAVID KIMO FRANKEL, Plaintiff-Appellant, v. BOARD OF LAND AND NATURAL RESOURCES, DEPARTMENT OF LAND AND NATURAL RESOURCES AND RESORTTRUST HAWAII LLC, Defendants-Appellees.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CC181001959)
ORDER OF CORRECTION (By: McCullen, J.)
IT IS ORDERED that the Opinion entered on January 29,
2025 (docket no. 153) in the above case is corrected as follows:
On page 5, second full paragraph, line 4, change the
comma (,) to a semicolon (;) so that the beginning of line 4 is
corrected to read, "facilities; and (5) roof overhang." FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
On page 13, subsection (b), Resorttrust is misspelled.
Subsection (b) should be corrected to read, "Board's and
Resorttrust's Motions for Summary Judgment".
On page 18, first full paragraph, line 1, partial is
misspelled. The sentence should be corrected to read, "The
circuit court denied Frankel's motion for partial summary
judgment reasoning that the public trust doctrine did not apply
to Lot 41 and even if it did, whether an agency violated the
public trust doctrine was fact-based:".
On page 22, first full paragraph, last line, a single
quotation mark needs to be inserted so as corrected, the last
line reads, "public.'" Id. at 177, 449 P.3d at 1175."
On page 44, first full block quotation, the single
quotation marks need to be replaced with quotation marks and
quotation marks need to be inserted before "would" and at the
end of the sentence, so as corrected, the block quote should
read,
If the agency knew that it could always "supplement" or "create" the administrative record in the reviewing court, then the agency "would have little incentive to prepare an adequate and reviewable administrative record, despite the clear mandate of [the National Environmental Policy Act (NEPA)] and HEPA that the agency prepare the required record before deciding upon a particular course of conduct."
On page 45, lines 18 and 23, the pin cite for 449 P.3d
should be 1177 not 1777, the corrected case cites should read,
"See Ching, 145 Hawaiʻi at 152, 179, 180, 449 P.3d at 1150, 1177,
2 FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
1178." and "See id., at 152, 179, 180, 449 P.3d at 1150, 1177,
1178;".
On page 47, first full paragraph, line 2, the hyphen
should be removed from "decision-making" so as corrected, the
sentence should read, "Finally, an agency does not get a do-over
of its decisionmaking process on appellate review or in a
declaratory action."
On page 55, first line, volume number 167 should be
replaced with volume number 9 so as corrected, the case cite
should read, "Waiāhole I, 94 Hawaiʻi at 142, 158, 9 P.3d at 454,
470;".
The Clerk of the Court is directed to take all
necessary steps to notify the publishing agencies of this
change.
DATED: Honolulu, Hawaiʻi, March 5, 2025.
/s/ Sonja M.P. McCullen Associate Judge
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