Blake v. County of Kauai Planning Commission.

Concurring and Dissenting Opinion by

ACOBA, J.

I agree with the majority that all of the counts in the complaint are ripe for adjudication, and that the Circuit Court of the Fifth Circuit (the court) and the Intermediate Court of Appeals (ICA) erred in concluding otherwise. However, we should resolve on appeal the parties’ partial motions for summary judgment.1

*139I.

Previously, this court has ruled on a motion for summary judgment on appeal even though the trial court dismissed the motion without issuing a ruling on the merits. In Bush v. Watson, 81 Hawai'i 474, 918 P.2d 1130 (1996), the plaintiffs…