Maunalua Bay Beach Ohana 28 v. State

Opinion

FGR Pulzl,lc“.,\'rlow I,N \VES'F'S HAW,A!,‘I REP<)RTS AN.[) P/\c‘lll_r‘lc REPO‘RTER N0. 2a175 IN THs 1NTERMED1ATE coURT or APPEALs or THE sTATE oF HAwAr:

MAUNALUA BAY BEACH OHANA 28, a HawaiU.non~profit corporation; MAUNALUA BAY BEACH OHANA 29, a HawaiH.non~profit corporation; MAUNALUA BAY BEACH OHANA 38, a Hawafi non~profit corporation, individually and on behalf of all others similarly situated, Plaintiffs~Appellees, v. STATE OF HAWAfI, Defendant-Appellant

APPEAL FR0M THE cIRcUIT coURT oF THE F:RsT cIRcUIT 53 (civi1 No. 05-i~0904) 5

ORDER DENYING PLAINTIFFS-APPELLEES' MOTION g FOR RECONSlDERATlON OF SUMMARY DlSPOSITION ORDER 1`=" (By: Foley and Fujise, JJ.; Nakamura, C.J., concurring§ separately and dissenting)1 ¢ j Upon consideration of Plaintiffs-Appellees' Janu@g 2010 Motion for Reconsideration of the Intermediate Court of Appeals' Opinion filed on December 30, 2009, the papers in support of the motion, and the records and files in this case, IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawaii, January 20, 20lO.

On the motion: d;g:MAE§;6:>

Paul Alston and Associate Judge

Laura Couch for Plaintiffs-Appellees. Ci2z:K’ » dba

Associate Judge

»_z-

I concur in the denial of Plaintiffs-Appellees' Motion for Reconsideration, except that, consistent with my concurring and dissenting opinion, I would grant Plaintiffs-Appellees' motion to the extent it seeks reconsideration of matters

addressed in the majority opinion that were not before this court

on appeal.

Lz;QS'€q: ;2Z;éL9¢7v%Z¢\_

Chief Judge

1 Former Associate Judge Corinne K.A. Watanabe was a member of the panel on this appeal but retired from her judgeship effective December 31, 2009. Associate Judge Alexa D.M. Fujise was assigned to the panel to fill the vacancy created by the retirement of Judge Watanabe.

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