Umberger v. Department of Land and Natural Resources

• Court: Hawaii Supreme Court
• Decided: October 16, 2024
• Docket: SCAP-23-0000421
• Status: Published

Opinion

Electronically Filed Supreme Court SCAP-XX-XXXXXXX 16-OCT-2024 02:06 PM Dkt. 59 OAWST

SCAP-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

RENE UMBERGER; MIKE NAKACHI; KAIMI KAUPIKO; WILLIE KAUPIKO; CONSERVATION COUNCIL FOR HAWAII; HUMANE SOCIETY OF THE UNITED STATES; and CENTER FOR BIOLOGICAL DIVERSITY, Plaintiffs-Appellants,

vs.

DEPARTMENT OF LAND AND NATURAL RESOURCES, STATE OF HAWAII, Defendant-Appellee,

and

PET INDUSTRY JOINT ADVISORY COUNCIL, Intervenor/Defendant-Appellee.

APPEAL FROM THE ENVIRONMENTAL COURT OF THE FIRST CIRCUIT (CAAP-XX-XXXXXXX; CASE NO. 1CC121002625)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Recktenwald, C.J., McKenna, and Eddins, JJ., and Circuit Judges Tootoo and Ashford, assigned by reason of vacancies)

Upon consideration of the Stipulation for Dismissal of

Appeal filed on September 30, 2024, the Joint Memorandum re

Briefing Schedule and Disposition of This Case filed on October

2, 2024, and the record herein, IT IS HEREBY ORDERED that the Stipulation for

Dismissal is approved and the appeal is dismissed with

prejudice. The parties agree that each shall bear their own

attorneys’ fees and costs incurred in this appeal.

DATED: Honolulu, Hawaii, October 16, 2024.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Faauuga Tootoo

/s/ James H. Ashford