Surfrider Foundation v. Zoning Board of Appeal, City and County of Honolulu.

Opinion of the Court by

POLLACK, J.

I. INTRODUCTION

In 1976, the Honolulu City Council established the Waikiki Special Design District in response “to the rapid development of the 1960s and 1970s, and the changes produced by that development.” The City Council found that “[t]o the world, Waikiki is a recognized symbol of Hawai'i [ ] and the allure of Waikiki continues, serving as the anchor for the state’s tourist industry.” The Council concluded that while “Waikiki needs to maintain its place as one of the world’s premier resorts in an international market [], the sense of place that makes…