IN THE SUPREME COURT OF THE STATE OF HAWAI`I





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ERIC CURTIS, ELIZABETH CURTIS, GEORGE SCHATTAUER, MARGARET

SCHATTAUER, BRIAN LIEVENS, ANDREA LIEVENS, and CAPTAIN COOK (ROYAL HAWAIIAN) CO., LTD., Appellants-Appellees, v. BOARD OF APPEALS, COUNTY OF HAWAI`I, PLANNING DIRECTOR, COUNTY OF HAWAI`I, CHIEF ENGINEER, COUNTY OF HAWAI`I PLANNING DEPARTMENT, COUNTY OF HAWAI`I, Appellees-Appellants, v. USCOC OF HAWAII 3, INC., Intervenor-Appellee-Appellant



NO. 20038





ORDER OF AMENDMENT





(CIV. NO. 95-022K)





JUNE 15, 1999





MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ.



The opinion of the court, filed on May 20, 1999, is hereby amended as follows:

1. Page 32. In the first full sentence of the page, "tower" is amended to read "tower foundation."

2. Page 32. Note 24 is completely amended to read:

According to Michael Bennet, A US Cellular employee, the high actual cost resulted from a "over-designed" foundation based on a soil engineering report erroneously predicting the existence of voids. When US Cellular actually built the foundation, however, it found no major voids, but instead discovered a "very large piece of very high quality rock, that [US Cellular was] able to use as part of the structure." Anderson, however, attributed the dramatic increase in the amount of cement needed in the foundation to voids. In the final analysis, US Cellular somehow needed less concrete, but inexplicably poured even more.





3. Page 32. The last sentence in the top paragraph is amended to read: "Furthermore, US Cellular's claim that it obtained the tower in a used condition fails to explain why US Cellular stated the value of the tower, including installation costs, on its building permit application as $71,500[, rather than its purported depreciated value of $15,000]." (Additions underlined.) (Deletions bracketed.)

The Clerk of the Court is directed to incorporate the foregoing changes into the original opinion and take all necessary steps to notify the publishing agencies of these changes.