County of Hawaii v. Ala Loop Homeowners (Order Denying Motion for Reconsideration)

NO. 27707

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

COUNTY OF HAWAI‘I, a municipal Corporation of the
State of Hawaii, Plaintiff/Counter-Claim Defendant/Appellee/
Cross-Appellee v. ALA LOOP HOMEOWNERS, an
unincorporated association, Defendant/Counter-Claimant/
Cross-Claimant/Appellee/Cross-Appellant, and
WAIOLA WATERS OF LIFE CHARTER SCHOOL, a public
school organized under the laws of the State of Hawaii,
Defendant/Cross-Claim Defendant/Appellant/Cross-Appellee, and
JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE
PARTNERSHIPS 1-10; AND DOE ENTITIES 1-10,
Defendants/Appellees/Cross-Appellees

and

ALA LOOP COMMUNITY ASSOCIATION, an unincorporated
non-profit association, Third-Party Plaintiff/Defendant/
Counter-Claimant/Cross-Claimant/Appellee/Cross-Appellant,
v. LAND USE COMMISSION, STATE OF HAWAII,
Third-Party Defendant/Appellee/Cross-Appellee




APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 03-1-0308)





ORDER DENYING MOTION FOR RECONSIDERATION
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

On March 19, 2009, Defendant/Cross-Claimant-Appellee/Cross-Appellant Ala Loop Homeowners (Association) timely filed (ex officio) a motion for reconsideration of this court's March 12, 2009 Summary Disposition order herein.

Upon review of the motion for reconsideration, ⁽¹⁾ the authorities cited therein, and the files and records in the case,

IT IS HEREBY ORDERED that the motion for reconsideration is denied.

DATED: Honolulu, Hawai‘i, March 30, 2009.

On the motion:

Thomas L.H. Yeh
Michael W. Moore
(Tsukazaki Yeh & Moore)
for Defendant/Cross-Claimant-
Appellee/Cross-Appellant

1.     Although not all of the issues raised by Association were discussed in this court's Summary Disposition Order, they were considered prior to the court's decision.