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*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** <br /> �Illll�lurui�i°ii �l�l SII ui�l <br /> u Ip re un e C o a uirt <br /> SCO l 0000690 <br /> �II' �IIIIIIIIIII, <br /> 1 II <br /> SII' III 103 01°' <br /> IN THE SUPREME COURT OF THE STATE OF HAWAII <br /> ---000--- <br /> THE COMMUNITY ASSOCIATIONS OF HUALALAI, INC. , <br /> Appellant, <br /> VS . <br /> LEEWARD PLANNING COMMISSION, COUNTY OF HAWAII; and <br /> ZENDO KERN, ' PLANNING DIRECTOR, COUNTY OF HAWAII, <br /> Appellees . <br /> SCOT-16-0000690 <br /> APPEAL FROM THE LEEWARD PLANNING COMMISSION, COUNTY OF HAWAII <br /> (Agency Docket No . SPP-16-000188) <br /> DECEMBER 2, 2021 <br /> RECKTENWALD, C. J. , NAKAYAMA, McKENNA, AND WILSON, JJ.2 <br /> OPINION OF THE COURT BY WILSON, J. <br /> 1 Pursuant to Hawaii Rules of Appellate Procedure Rule 43 (c) (1) <br /> (2019) , Zendo Kern has been substituted as a party in place of Duane Kanuha, <br /> the former Planning Director of the County of Hawaii. <br /> 2 Associate Justice Richard W. Pollack, who was a member of the <br /> court when the oral argument was held, retired from the bench on June 30, <br /> 2020. <br />