Stop Rail Now v. DeCosta (Order of Amendment for Publication)

NO. 29354

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

STOP RAIL NOW, a nonprofit organization;
LET HONOLULU VOTE, a nonprofit organization;
LEAGUE OF WOMEN VOTERS OF HONOLULU, a nonprofit organization,
SENSIBLE TRAFFIC ALTERNATIVES & RESOURCES, INC., dba HONOLULU
TRAFFIC.COM, a nonprofit organization; PAUL DE GRACIA;
PAUL E. SMITH, ROBERT KESSLER, WARREN P. BERRY; JEREMY LAM, M.D.,
SCOTT R. WILSON; DENNIS CALLAN; and SAMUEL SLOM,
Petitioners-Plaintiffs-Appellants,

v.

DENISE C. DE COSTA, in her capacity as
CITY CLERK OF THE CITY AND COUNTY OF HONOLULU,
Respondent-Defendant-Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CIVIL NO. 08-1-1605)

ORDER OF AMENDMENT FOR PUBLICATION

(By: Recktenwald, C.J., Watanabe and Leonard, JJ.)

IT IS HEREBY ORDERED THAT, pursuant to Rule 35(b) of the Hawai‘i Rules of Appellate Procedure, the order of this court in the above-entitled action filed on September 23, 2008 is designated for publication in West's Hawai‘i Reports and in the Pacific Reporter.

Accordingly, the order of the court, filed on September 23, 2008, is hereby amended as to the following:

(1)     At the top of each page, add a header "FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER"; and

(2)     At page 1, the caption is amended as provided in the amended order being concurrently filed herewith.

The Clerk of the Court is directed to provide a copy of this order and a copy of the amended order to the parties and notify the publishing agencies.

DATED: Honolulu, Hawai‘i, October 2, 2008.