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IN THE SUPREME COURT OF THE STATE OF HAWAI#I --- o0o --T-MOBILE USA, INC., formerly Voicestream PCS II Corporation,1 Appellant, vs. COUNTY OF HAWAI#I PLANNING COMMISSION, Appellee. NO. 24381 APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 00-1-0509) JANUARY 11, 2005 MOON, C.J., LEVINSON, AND DUFFY, JJ.; NAKAYAMA, J., DISSENTING, WITH WHOM ACOBA, J., JOINS OPINION OF THE COURT BY MOON, C.J. Appellant Voicestream PCS II Corporation (Voicestream) appeals from the third circuit court's June 18, 2001 judgment2 that affirmed the decision of appellee County of Hawai#i Planning Commission (HCPC), requiring Voicestream to obtain a special permit in connection with its development of a wireless communication network on the island of Hawai#i. Briefly stated,

Voicestream's proposed construction in this case involves the installation of a "stealth" or cellular antenna concealed in a "false" chimney attached to a single family farm dwelling,

Appellant's name changed pursuant to the notice re: name change filed on October 8, 2004.
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Judgment was entered by the Honorable Riki May Amano.

Download T-Mobile USA, Inc. v. County of Hawaii Planning Commission. Dissenting Opinion

Hawaii Law