NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 28853
IN THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
In the Matter of the PUBLIC
UTILITIES COMMISSION
Instituting a Proceeding to Investigate Whether Act 59,
Session Laws of Hawaii 1974, Invalidates, Voids, or Renders
Unenforceable the 1961 Agreement Between the Trustees
Under the
Will and of the Estate of Bernice P. Bishop, Deceased; Kaiser
Hawaii Kai Development Co.; and the City and
County of Honolulu.
APPEAL FROM THE PUBLIC UTILITIES
COMMISSION
(DOCKET NO. 2006-0021)
ORDER GRANTING STIPULATION FOR DISMISSAL
OF CITY AND COUNTY OF
HONOLULU'S APPEAL WITH PREJUDICE
(By: Foley,
Presiding Judge, Fujise and Leonard, JJ.)
Upon consideration of the Stipulation for Dismissal of City and County
of Honolulu's Appeal With Prejudice, the papers in support, and
the records and files herein, it appears that: (1) on November 15,
2007, the City
and County of Honolulu filed a notice of appeal; (2) on November 27,
2007, the
State filed a notice of cross-appeal; (3) the State's cross-appeal is
fully
briefed and ready for assignment; (4) the City and County of Honolulu
and Hawaii-American Water Company are stipulating to dismiss the appeal
filed by the City and
County of Honolulu with each party to bear its own attorney's fees and
costs; and
(5) dismissal of the appeal filed by the City and County of Honolulu
does not
affect the State's appeal. See
HRAP Rule 4-1(d) (if the appellate court dismisses
the initial appeal, the cross-appeal may nevertheless be prosecuted to
its
conclusion). Therefore,
IT IS HEREBY
ORDERED that the appeal filed by the City and County of Honolulu is
dismissed. The parties shall bear their own attorney's fees and costs
related to
the appeal of the City and County of Honolulu.
IT IS FURTHER
ORDERED that the appellate clerk shall make the State's appeal ready
for assignment to a merit panel.
DATED: Honolulu,
Hawai‘i, July 8, 2008.