Oral Argument Before the Hawaii Intermediate Court of Appeals
Nos. CAAP-13-0000314 and CAAP-12-0001065, Wednesday, February 10, 2016, 10 a.m.
LANAIANS FOR SENSIBLE GROWTH, Appellant-Appellee, vs. LANAI RESORTS, LLC, Appellee-Appellant, and LAND USE COMMISSION, RANSOM A.K. PILTZ, in his 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.
The above-captioned case was set for argument on the merits at:
Supreme Court Courtroom
Ali`iolani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813
Attorney(s) for Appellee-Appellant Lanai Resorts, LLC:
Lindalee K. Farm and Brett R. Tobin of Goodsill Anderson Quinn & Stifel
Attorney(s) for Appellant-Appellee Lanaians for Sensible Growth:
David Kauila Kopper and Li`ula Nakama of Native Hawaiian Legal Corporation
COURT: Foley, Fujise and Leonard, JJ.
[ Listen to the entire audio recording in mp3 format ]
Appellee-Appellant Lanai Resorts, LLC¹ (Lanai Resorts) appeals from the Final Judgment entered on March 19, 2013 in the Circuit Court of the First Circuit (circuit court).
On appeal, Lanai Resorts contends the circuit court erred in:
(1) upholding the decision of the Land Use Commission (LUC) finding there was insufficient evidence to support its 1996 Cease and Desist Order;
(2) invalidating the LUC’s grant of Motion for Modification of Condition No. 10; and
(3) denying Lanai Resort’s Motion to Dismiss the Appeal.
¹ The Petitioner-Appellee-Appellant’s name has changed throughout the proceedings, from Castle & Cooke Resorts, LLC; Lanai Company, Inc.; Lana`i Resort Partners; to the current Lanai Resorts, LLC. For clarity, we refer to it by the current successor in interest, Lanai Resorts.