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ORAL ARGUMENTS BEFORE THE HAWAI`I SUPREME COURT
NO. 28599 – Thursday, August 21, 2008 – 9:00 a.m.
NUUANU VALLEY ASSOCIATION, a Hawai`i non-profit corporation, Plaintiff-Appellant, vs. CITY AND COUNTY OF HONOLULU; HENRY ENG, Director of Department of Planning and Permitting in his official capacity; DAVID TANOUE, Deputy Director of Department of Planning and Permitting in his official capacity, Defendants-Appellees, and LAUMAKA, LLC, Intervenor-Appellee, and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; and DOE GOVERNMENTAL UNITS 1-10, Defendants
(Motor Vehicle Tort)
Attorney(s) for Plaintiff-Appellant(s)
James J. Bickerton and Scott K. Saiki (Bickerton Lee Dang & Sullivan)
Attorney(s) for Defendants-Appellee(s)
Honorable Carrie K. Okinaga, Corporation Counsel, and Don S. Kitaoka and Lori Ann K. K. Sunakoda, Deputies Corporation Counsel, City & County of Honolulu
Attorney(s) for Intervenor-Appellee(s)
David B. Rosen
NOTE: Order granting and accepting Application for Transfer filed 5/28/08.
COURT: RTYM, CJ; SHL, PAN, SRA & JED, JJ.
In its appeal, Plaintiff-Appellant Nuuanu Valley Association contends that the Circuit Court of the First Circuit erred in concluding that: (1) engineering reports submitted in connection with a subdivision application that were not accepted by the Department of Planning and Permitting of the City and County of Honolulu did not constitute “government records” requiring disclosure under the Uniform Information Practices Act, as provided by Hawai`i Revised Statutes (HRS) chapter 92F; (2) even if the reports constituted “government records,” disclosure was not required because an exception to the disclosure rule would apply; and (3) the Hawai`i Environmental Policy Act, as provided by HRS chapter 343, is inapplicable.