Kaleikini v. Yoshioka

Opinion

Electronically Filed Supreme Court SCAP-11-0000611 17-MAY-2013 02:22 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.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (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 for Reconsideration,

filed by Petitioner/Plaintiff-Appellant Paulette Ka#anohiokalani Kaleikini on May 10, 2013, together with the Opinion, and the

records and files in this case, and having fully considered the

arguments set forth in the Motion,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai#i, May 17, 2013.

David Kimo Frankel and /s/ Mark E. Recktenwald Ashley K. Obrey, for petitioner /s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ R. Mark Browning

/s/ Fa#auuga To#oto#o