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*** NOT FOR PUBLICATION *** NO. 22621 IN THE SUPREME COURT OF THE STATE OF HAWAI#I QUEEN VICTORIA CORP., a Hawai#i Corporation, Appellant-Appellant, vs. PETER T. YOUNG1, in his capacity as Chairman, Department of Land and Natural Resources, State of Hawai#i; STEPHEN L. THOMPSON, in his capacity as O#ahu District Manager, the Department of Land and Natural Resources, Division of Boating and Ocean Recreation, State of Hawai#i; ROBERT RUSHFORTH, Harbor Agent, Ala Wai Small Boat Harbor, State of Hawai#i; and KEITH TANAKA, in his capacity as Hearing Officer, Department of Land and Natural Resources, State of Hawai#i, Appellees-Appellees. APPEAL FROM THE FIRST CIRCUIT COURT (CIVIL NO. 95-2029) SUMMARY DISPOSITION ORDER (By: Moon, C.J., Levinson, Nakayama, and Acoba, JJ., and Circuit Judge Del Rosario, in place of Duffy, J., who is recused) The appellant-appellant Queen Victoria Corp. (QVC) appeals from the judgement of the first circuit court, the Honorable B. Eden Weil presiding, filed on May 26, 1999, in favor of the appellees-appellees Peter T. Young, in his capacity as Chairman, Department of Land and Natural Resources, State of Hawai#i (DLNR), Stephen L. Thompson, in his capacity as Oahu District Manager, DLNR, Division of Boating and Ocean Recreation, Robert Rushforth, Harbor Agent, Ala Wai Small Boat Harbor (AWSBH), State of Hawai#i, and Keith Tanaka, in his capacity as Hearing Officer, DLNR, based on its findings of fact (FOFs), conclusions of law (COLs), and order, filed on May 5, 1999. Specifically, QVC contends that the circuit court erred in: (1)

At the filing of the lawsuit, Michael Wilson was the chairperson of the Board of Land and Natural Resources (BLNR(). Timothy Johns succeeded Michael Wilson. Peter T. Young succeeded Timothy Johns. Thus, pursuant to Hawai#i Rules of Appellate Procedure (HRAP) Rule 43(c)(1), he has automatically been substituted as a party in the present matter.

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*** NOT FOR PUBLICATION *** concluding that QVC was appealing the hearing officer's decision pursuant to HRS

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