No. 27804 (December 19, 2008)
Opinion [pdf]
OPINION OF THE COURT BY FUJISE, J.
Appellee-Appellant Hans Hedemann Surf, Inc. (Hedemann) appeals from the April 19, 2006 Amended Final Judgment on Administrative Appeal, Vacating and Modifying Decision of the Zoning Board of Appeals in Zoning Board of Appeal Matter Number 2004/ZBA-04, prohibiting Hedemann's operation of a surfing school out of the New Otani Kaimana Beach Hotel (the Hotel). Upon a careful review of the issues raised by Hedemann, the brief in opposition, the record, and the relevant authority, we reverse the decision of the Circuit Court of the First Circuit (circuit court). [footnote omitted]
