Kaleikini v. Yoshioka

Opinion

Electronically Filed Supreme Court SCAP-11-0000611 27-SEP-2012 12:28 PM

NO. SCAP-11-0000611

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

PAULETTE KA#ANOHIOKALANI KALEIKINI, Petitioner/Plaintiff-Appellant,

vs.

WAYNE YOSHIOKA, in his official capacity as Director of the City and County of Honolulu’s Department of Transportation Services; CITY AND COUNTY OF HONOLULU; HONOLULU CITY COUNCIL; PETER CARLISLE, in his official capacity as Mayor; CITY AND COUNTY OF HONOLULU DEPARTMENT OF TRANSPORTATION SERVICES; CITY AND COUNTY OF HONOLULU DEPARTMENT OF PLANNING AND PERMITTING; WILLIAM J. AILA, JR., in his official capacity as Chairperson of the Board of Land and Natural Resources and state historic preservation officer; PUA#ALAOKALANI AIU, in her official capacity as administrator of the State Historic Preservation Division; BOARD OF LAND AND NATURAL RESOURCES; DEPARTMENT OF LAND AND NATURAL RESOURCES; NEIL ABERCROMBIE, in his official capacity as Governor; and O#AHU ISLAND BURIAL COUNCIL, Respondents/Defendants-Appellees.

(CIV. NO. 11-1-0206-01)

ORDER DENYING MOTION FOR RECONSIDERATION (By: Recktenwald, C.J., Nakayama, and McKenna, JJ.; Circuit Judge Browning, in place of Acoba, J., recused; and Circuit Judge To#oto#o, in place of Duffy, J., recused)

Upon consideration of the Motion to Reconsider, Modify

and/or Clarify Opinion filed by Respondents/Defendants-Appellees Wayne Yoshioka in his official capacity as Director of the City

and County of Honolulu’s Department of Transportation Services,

City and County of Honolulu, Honolulu City Council, Peter

Carlisle in his official capacity as Mayor, City and County of

Honolulu Department of Transportation Services, and City and

County of Honolulu Department of Planning and Permitting

(collectively “City respondents”) on September 4, 2012; the

Amicus Curiae Brief filed by Faith Action for Community Equity

and Pacific Resource Partnership on September 10, 2012; and

Petitioner/Plaintiff-Appellant’s memoranda in opposition thereto,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai#i, September 27, 2012.

Robert C. Godbey, Don S. /s/ Mark E. Recktenwald Kitaoka, Gary Y. Takeuchi, John P. Manaut and /s/ Paula A. Nakayama Lindsay N. McAneeley for City respondents /s/ Sabrina S. McKenna

David Kimo Frankel and /s/ R. Mark Browning Ashley K. Obrey, for petitioner /s/ Fa#auuga To#oto#o

William Meheula and Keani Alapa for Faith Action for Community Equity and Pacific Resource Partnership