In re contested case hearing re conservation district use application

• Court: Hawaii Supreme Court
• Decided: January 12, 2018
• Docket: SCOT-17-0000811
• Status: Published

Opinion

Electronically Filed Supreme Court SCOT-17-0000811 12-JAN-2018 02:34 PM

SCOT-17-0000811

IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________

IN THE MATTER OF CONTESTED CASE HEARING RE CONSERVATION DISTRICT USE APPLICATION (CDUA) HA-3568 FOR THE THIRTY METER TELESCOPE AT THE MAUNA KEA SCIENCE RESERVE, KA#OHE MAUKA, HAMAKUA, HAWAI#I, TMK (3)404015:009 _________________________________________________________________

APPEAL FROM THE BOARD OF LAND AND NATURAL RESOURCES (BLNR-CC-16-002 (Agency Appeal))

ORDER GRANTING MOTION TO SET ASIDE DISMISSAL FOR NON-PAYMENT OF FILING FEES (By: Recktenwald, C.J., McKenna, Pollack, and Wilson, JJ., and Circuit Judge Castagnetti, in place of Nakayama, J., recused)

Upon consideration of Temple of Lono’s motion to set aside the order dismissing the appeal for non-payment of the filing fees, filed on January 8, 2018, the documents attached thereto and submitted in support thereof, and the record, it appears that good cause exists for the untimely payment of the filing fees, which was received by the appellate clerks’ office on January 11, 2018. Accordingly, IT IS HEREBY ORDERED that the motion is granted. The January 4, 2018 order dismissing the appeal for non-payment of the filing fees is set aside, and the appeal is reinstated. DATED: Honolulu, Hawai#i, January 12, 2018.

/s/ Mark E. Recktenwald /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson /s/ Jeannette H. Castagnetti