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12-2-2021 Opinion of the Supreme Court
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2022-07-21 Leeward
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Item #2 Bolton, Inc. (REMAND SPP-16-000188)
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12-2-2021 Opinion of the Supreme Court
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*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** <br /> Hualalai noted in its petition that it was "a non-profit <br /> association consisting of four community associations that <br /> represent [ed] and act [ed] for the interest of owners of <br /> residences and residential lots in four subdivisions" located <br /> near Hualalai Road in North Kona, Hawaii County, as well as a <br /> limited liability company ("LLC") with "interest in the <br /> ownership and use of residential properties" in the same area. <br /> Hualalai "act [ed] in a representative capacity" for the four <br /> community associations and their members, and the LLC. Hualalai <br /> was formally organized on May 11, 2016 . In its petition, <br /> Hualalai identified a number of ways in which its interests were <br /> "clearly distinguishable from that of the general public, " and <br /> would be affected if the LPC granted Special Permit Application <br /> No . SPP-16-188 . Hualalai stated that it represented property <br /> owners who owned residential properties in the near vicinity of <br /> Parcel 44, enjoyed the protections of the County General Plan <br /> and the Kona Community Development Plan, and faced individual <br /> injuries and threatened injuries to their properties from the <br /> noise, dust, negative aesthetic effects, negative effects on <br /> ( . . . continued) <br /> tracks LPC Rule 4-6 (b) , which outlines the criteria for establishing standing <br /> to intervene in a contested case. To avoid confusion, Hualalai' s petition <br /> will be referred to as a "petition to intervene" rather than a "petition for <br /> standing." <br /> 12 <br />
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