NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO.
28359
IN THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
PONO, an unincorporated association;
WALTER RITTE, JR.;
WAYDE LEE;
MATTHEW ADOLPHO; and JOSEPH KALIPI, as
individuals
and members of PONO, Plaintiffs/
Counterclaim
Defendants-Appellants, and HALONA
KAOPUIKI,
Plaintiff/Counterclaim Defendant-Appellee,
v.
MOLOKAI RANCH, LTD., a Hawai‘i
corporation, Defendant/
Counterclaimant-Appellee, and JAMES W. MOZLEY, JR.;
CHARLES JENCKS, as an individual and in his capacity
as
Director of the County of Maui, Department of Public
Works and Waste
Management; LINDA CROCKETT LINGLE, as
an individual and in her capacity as Mayor of the
County of Maui; COUNTY OF MAUI, a governmental
entity,
Defendants-Appellees
APPEAL FROM THE CIRCUIT COURT OF THE
SECOND CIRCUIT
(Civ. No. 97-0383(3))
ORDER DENYING MOTION FOR
RECONSIDERATION
(By: Watanabe, Presiding J., Foley, and Fujise, JJ.)
Upon consideration
of the Motion for Reconsideration filed on October 30, 2008 by
Plaintiffs/Counterclaim Defendants-Appellants Pono, an incorporated
association; Walter Ritte, Jr.; Wayde Lee;
Matthew Adolpho, and Joseph Kalipi, as individuals and members of Pono,
the attached memorandum in support and declaration of counsel, and the
records and files in this case,
IT IS HEREBY
ORDERED that the motion is denied.
DATED: Honolulu,
Hawai‘i, November 6, 2008.
On the motion:
Alan T. Murakami, David Kimo
Frankel, and Anthony F. Quan,
Jr. (Native Hawaiian Legal
Corporation) for plaintiffs/
counterclaim defendants-
appellants.