MEMORANDUM OPINION
AFFIRMED. REVERSED.
1 Pursuant to Hawai`i Rules of Appellate Procedure Rule 43(c)(1), State of Hawai`i Board of Land and Natural Resources (BLNR) Chairperson Suzanne Case was automatically substituted as a Delendant-Appellant in place of former BLNR Chairperson William J. Aila, Jr. David Y Ige, the current Governor of the State of Hawai`i was automatically substituted as a Defendant-Appellant in place of lot net Governor Neil Abercrombie. --------