FOR PUBLICATION



IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I




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VILLAGE PARK COMMUNITY ASSOCIATION,
Plaintiff-Appellee and Cross-Appellant,
v.
STEVEN NISHIMURA and ELIZABETH NISHIMURA,
Defendants-Appellants and Cross-Appellees





NO. 26061





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 01-1-2274)





AMENDED ORDER OF AMENDMENT
(By: Burns, C.J., Foley and Fujise, JJ.)

In the above-entitled appeal, the opinion of the court, filed September 16, 2005, is hereby amended as follows:

On page 7, after the second full paragraph, in the third line of the list, a "[sic]" should be inserted after the word "Trelis" so that the line reads:

Trelis [sic], and

On page 8, after the sixth paragraph from the top, in the third line of the list, a "[sic]" should be inserted after the word "Trelis" so that the line reads:

Trelis [sic]; and

On page 15, in the second line, a "[sic]" should be inserted after the word "disprove" so that the line reads:

a right to disprove [sic] it. It's stuck with it . . .

On page 26, line 2, the word "complimentary" is deleted and replaced with the word "complementary".

The clerk of the court is directed to incorporate the foregoing changes in the original opinion.

DATED:  Honolulu, Hawai`i, February 13, 2006.


On the briefs:


Terrance M. Revere,
Brian A. Bilberry, and
Jacqueline E. Thurston
(Motooka, Yamamoto & Revere)
for Defendants-Appellants and
Cross-Appellees.

William J. Deeley,
Dennis W. King, and
Charles R. Prather
(Deeley, King & Pang)
for Plaintiff-Appellee and
Cross-Appellant.