NO. 26974

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

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JAMES R. SMITH, Claimant/Appellant-Appellant,

vs.

MAUI COUNTY BOARD OF VARIANCE AND APPEALS,
Defendant/Appellee-Appellee.

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APPEAL FROM THE SECOND CIRCUIT COURT

(CIV. NO. 03-1-0440)

ORDER DENYING MOTION FOR RECONSIDERATION

(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of Appellant James R. Smith's motion for reconsideration of the April 11, 2005 order denying the motion to modify and correct recond on appeal, the papters in support, and the records and files herein,

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

DATED: Honolulu, Hawai‘i, May 11, 2005.

James R. Smith, Claimant/
appellant-appellant,
pro se, on the motion.