Office of Hawaiian Affairs v. State (Order Denying Motion of State of Hawai`i to Dismiss Appeal for Lack of Appellate Jurisdiction)

NO. 27076

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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OFFICE OF HAWAIIAN AFFAIRS, TRUSTEES OF THE OFFICE OF HAWAIIAN
AFFAIRS, Plaintiffs/Appellants,

vs.

STATE OF HAWAI`I, Defendant/Appellee.

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APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 03-1-1505-07)

ORDER DENYING MOTION OF STATE OF HAWAI`I TO
DISMISS APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit
Judge Hara, in place of Duffy, J., recused)

Upon consideration of Defendant-Appellee State of Hawai`i's motion to dismiss appeal for lack of appellate jurisdiction, the papers in support and opposition, and the records and files herein,

IT IS HEREBY ORDERED that the motion to dismiss is denied. The parties shall address the issue of jurisdiction in their respective briefs.

DATED: Honolulu, Hawai`i, May 20, 2005.

Dorothy Sellers,
deputy attorney general,
for defendant/appellee

Christopher J. Cole
(McCorriston Miller Mukai
MacKinnon), for plaintiffs/
appellants on the
opposition