NO. 26061


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



VILLAGE PARK COMMUNITY ASSOCIATION,
Respondent/Plaintiff-Appellee, Cross-Appellant


vs.


STEVEN NISHIMURA and ELIZABETH NISHIMURA,
Petitioners/Defendants-Appellants, Cross-Appellees



CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CIV. NO. 01-1-2274)




ORDER DISMISSING CERTIORARI PROCEEDING
(By: Moon, C.J., Levinson,
Nakayama, Acoba, and Duffy, JJ.)

Upon further consideration of the records and files in this case, and it appearing that the writ of certiorari herein was improvidently granted,

IT IS HEREBY ORDERED that this certiorari proceeding is dismissed.

DATED: Honolulu, Hawai`i, November 10, 2005.