Nelson v. Hawaiian Homes Commission

Opinion

Electronically Filed Supreme Court SCWC-30110 08-JUL-2013 11:00 AM SCWC-30110

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

RICHARD NELSON III, KALIKO CHUN, JAMES AKIONA, SR.,

SHERILYN ADAMS, KELII IOANE, JR., and CHARLES AIPIA (deceased),

Respondents/Plaintiffs/Appellants,

vs.

HAWAIIAN HOMES COMMISSION, THE DEPARTMENT OF HAWAIIAN HOME LANDS,

JOBIE MASAGATANI, in her official capacity as Chair of the

Hawaiian Homes Commission, IMAIKALANI P. AIU, PERRY ARTATES,

LEIMANA K. DAMATE, GENE ROSS DAVIS, JEREMY KAMAKANEOALOHA

HOPKINS, MICHAEL P. KAHIKINA, IAN LEE LOY, and

RENWICK V. I. TASSILL, in their official capacities

as members of the Hawaiian Homes Commission,1

Respondents/Defendants/Appellees,

and

KALBERT K. YOUNG, in his official capacity as the

State Director of Finance, and the STATE OF HAWAI'I,

Petitioners/Defendants/Appellees.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(ICA NO. 30110; CIVIL NO. 07-1-1663-08)

ORDER OF CORRECTION

(By: Acoba, J.)

IT IS HEREBY ORDERED that the concurring and dissenting

During the pendency of this motion, Jobie Masagatani succeeded Alapaki Nahale-a as the Chair of the Hawaiian Homes Commission, and Gene Ross Davis succeeded Henry K. Tancayo as a member of the Hawaiian Homes Commission. Thus, pursuant to Hawai'i Rules of Appellate Procedure Rule (“HRAP”) 43(c)(1) (2012), Masagatani and Davis have been substituted automatically for Nahale-a and Tancayo in this case. opinion filed on June 28, 2013 is corrected as follows:

On page 17, footnote 14 is deleted and the subsequent

footnote numbers are changed to reflect the deletion.

The Clerk of the Court is directed to take all

necessary steps to notify the publishing agencies of these

changes.

DATED: Honolulu, Hawai'i, July 8, 2013.

/s/ Simeon R. Acoba, Jr.