*** NOT FOR PUBLICATION ***
NO. 26414
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
WALTER
JOHN KELLY, CHARLES ROSS FLAHERTY, JR., PATRICK M.
CUNNINGHAM, MICHELE CONSTANS
WILKINS, PROTECT KEOPUKA OHANA,
a Hawai`i non-profit corporation, Plaintiffs-Appellees
vs.
1250
OCEANSIDE PARTNERS, a Hawai`i corporation,
Defendant-Appellant
and
and
DEPARTMENT
OF LAND AND NATURAL RESOURCES; PETER T. YOUNG, in
his official capacity as the Director of the State of Hawai`i
DEPARTMENT OF LAND AND NATURAL RESOURCES;
KALA'AU WAHILANI, in
his official and personal capacity as a Historic Sites Specialist
of the DLNR; NA ALA HELE;
HOLLY McELDOWNY in her
official capacity as the Administrator of the State Historic
Preservation
Division of the
DLNR; LAND USE COMMISSION; Defendants-Appellees
and
JOHN
DOES 1-10, JANE DOES 1-10, DOE CORPORATIONS, PARTNERSHIPS,
GOVERNMENTAL UNITS OR
OTHER ENTITIES 1-20, Defendants
APPEAL
FROM THE THIRD CIRCUIT COURT
(CIV. NO. 00-1-0192K)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
IT IS HEREBY ORDERED that the appeal by defendant-appellant 1250 Oceanside Partners and the cross-appeals by defendants State of Hawai`i Department of Health and the Director of Health and defendants County of Hawai`i, Christopher Yuen and Dennis Lee are dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, June 8, 2004.