Protect and Preserve Kahoma Ahupua'a Association v. Maui Planning Commission

Opinion

Electronically Filed Supreme Court SCWC-XX-XXXXXXX 17-JUN-2021 10:05 AM Dkt. 38 OCOR

SCWC-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

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PROTECT AND PRESERVE KAHOMA AHUPUA‘A ASSOCIATION, an unincorporated association, MICHELE LINCOLN, MARK ALLEN, LINDA ALLEN, and CONSTANCE B. SUTHERLAND, Respondents/Plaintiffs-Appellants,

vs.

MAUI PLANNING COMMISSION, COUNTY OF MAUI, and STANFORD CARR DEVELOPMENT, LLC, a domestic limited liability company, Petitioners/Defendants-Appellees/Appellees.

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CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-XX-XXXXXXX; CIVIL NO. 14-1-0616(1))

ORDER OF CORRECTION (By: McKenna, J.)

IT IS HEREBY ORDERED that the Opinion of the Court, filed June 16, 2021, is corrected as follows:

An indentation is added to the paragraph on page 27 beginning with the sentence, “However, even if Resolution 14-14 had included HRS § 205A-26(2) among its listed exemptions, the Council would not have been able to exempt the Project from HRS § 205A- 26(2)’s requirements.”

On page 29, the attorney credits are amended to read:

Lance D. Collins for PPKAA

Jennifer A. Lim (Arsima A. Muller and Craig G. Nakamura with her on the briefs) for Carr

Thomas W. Kolbe (Moana M. Lutey and Caleb P. Rowe with him on the briefs) for the Commission

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

DATED: Honolulu, Hawaiʻi, June 17, 2021.

/s/ Sabrina S. McKenna Associate Justice