Nelson v. Hawaiian Homes Commission

Concurring and Dissenting Opinion by

ACOBA, J.

In this jurisdiction, the private attorney general doctrine was recognized in In re Water Use Permit Applications 96 Hawai'i 27, 30, 25 P.3d 802, 805 (2001) (Waiahole II). Waiahole II relied extensively on Serrano v. Priest, 20 Cal.3d 25, 141 Cal.Rptr. 315, 569 P.2d 1303, 1313-14 (1977). Serrano established the three-part test this court has adopted as determinative of whether the private attorney general doctrine applies.1 141 Cal.Rptr. 315, 569 P.2d at 1314. The majority determines that Respondents/Plaintiffs-Appellants Richard Nelson III, Kaliko…