Colony Surf, Ltd. v. Director of the Department of Planning & Permitting

Opinion of the Court by

NAKAYAMA, J.

Defendants/Appellees-Appellants, director of the Department of Planning and Permitting, State of Hawai'i, Michel’s Inc., and D.G. Andei'son (collectively referred to as “Appellants”), appeal from the first circuit court’s 1 July 23, 2003 judgment on appeal in favor of Plaintiff/Appellant-Appellee, Colony Surf, Ltd. (“CSL”). Appellants assert the following points of error on appeal: (1) the circuit court erred by ruling that the daytime operation of Michel’s “constitute[d] an ‘expanded’ nonconforming use” under section 21-4.110(c)(1) of the Land Use…