Hall v. Department of Land and Natural Resources

Opinion

Electronically Filed

Supreme Court

SCWC-12-0000061

11-DEC-2012

09:05 AM

SCWC-12-0000061

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

DANA NAONE HALL,

Respondent/Plaintiff-Appellant,

vs.

DEPARTMENT OF LAND AND NATURAL RESOURCES, BOARD OF LAND AND NATURAL RESOURCES, WILLIAM J. AILA, JR., in his official capacity as chairperson of the Board of Land and Natural Resources and as the State Historic Preservation Officer, PUAALAOKALANI AIU in her official capacity as administrator of the State Historic Preservation Division, DEPARTMENT OF HEALTH, LORETTA J. FUDDY in her official capacity as the Director of the Department of Health, ALVIN T. ONAKA in his official capacity as State Registrar of Vital Statistics and Chief of the Department of Health's Office of Health Status Monitoring, KAWAIAHA#O CHURCH, WILLIAM HAOLE in his official capacity as the Chair of the Board of Trustees and Chair of the Board of Directors of Kawaiaha#o Church, Petitioners/Defendants-Appellees.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-12-0000061; CIV. NO. 09-1-1828-08)

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Petitioner/defendant-appellee’s Kawaiaha#o Church and William Haole, in his official capacity as the Chair of the Board of Trustees and Chair of the Board of Directors of Kawaiaha#o

Church, seek review of the ICA’s September 28, 2012 order granting Respondent/plaintiff-appellant Dana Naone Hall’s second motion for a preliminary injunction pending appeal and the October 12, 2012 order denying their motion for reconsideration of the injunction order. Neither the injunction order nor the reconsideration order are reviewable by this court by application for a writ of certiorari. See HRS § 602-59(a) (Supp. 2011). Therefore, IT IS HEREBY ORDERED that the application for a writ of certiorari is dismissed.

DATED: Honolulu, Hawai#i, December 11, 2012.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack