NO. 24780
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
JYOTSNA
BHAKTA, Individually and as Personal Representative
of the Estate
of MITESH BHAKTA, Deceased; NIKHIL BHAKTA,
a minor, by
his Next Friend, CANDACE TURNER; DEWAL SHAH,
Individually
and as Personal Representative of the
Estate of
MEGHAL SHAH, Deceased; DAXA BHAKTA, Individually
and as
Personal Representative of the Estate of
BHUPENDRA
BHAKTA, Deceased; CATHY M. ARENDS, Individually
and as
Personal Representative of the Estate of
DONALD
ARENDS, Deceased, Plaintiffs-Appellants,
vs.
COUNTY OF
MAUI, STATE OF HAWAI`I,
Defendants-Appellees,
and
JOHN DOES
1-5, JOHN DOE CORPORATIONS 1-5, JOHN DOE
PARTNERSHIPS
1-5, ROE NON-PROFIT CORPORATIONS 1-5,
and ROE
GOVERNMENTAL AGENCIES 1-5, Defendants.
ORDER AMENDING THE OPINION OF THE
COURT,
FILED DECEMBER 13, 2005
(By: Levinson, J., for the court (1))
IT IS HEREBY ORDERED that the last sentence of section III.B.1. on page
24 of this court's opinion, filed in the above-captioned matter on
December 13, 2005, is amended as follows (deleted language is bracketed
and stricken; new language
is underscored):
[Assuming this court agrees,]
Consequently, the
validity of COL No. 101 need not be addressed inasmuch as it was
rendered on the assumption that Act 190 is an affirmative defense.
The Clerk of the Court is directed to incorporate the foregoing changes
in the original opinion and take all necessary steps
to notify the publishing agencies of these changes.
DATED: Honolulu,
Hawai`i, December 30, 2005.
______________________________
No. 24780 Bhakta
v. County of Maui -- Order Amending
the Opinion of
the Court, filed December 13, 2005
1. Considered by: Moon, C.J.,
Levinson, Nakayama, Acoba, and Duffy, JJ.