BRYAN
J. BAPTISTE, MAYOR, COUNTY OF KAUAI, MICHAEL H. TRESLER,
DIRECTOR OF FINANCE,
COUNTY OF KAUAI AND KAUAI COUNTY COUNCIL,
Defendants-Appellees
GORDON
G. SMITH, INDIVIDUALLY; WALTER S. LEWIS, IN HIS
CAPACITY AS TRUSTEE OF THE WALTER S. LEWIS REVOCABLE
LIVING TRUST; MONROE F. RICHMAN, TRUSTEE, RICHMAN
FAMILY TRUST; and MING FANG, TRUSTEE, MING FANG TRUST,
Intervenors-Appellants
(By: Duffy, J. for the court (1))
Upon consideration of the: (1) motion to expedite appeal; (2) motion for stay pending appeal; (3) motion for injunction pending appeal; and (4) petition for writ of mandamus filed by Intervenors-Appellants Gordon G. Smith, Walter S. Lewis, in his capacity as Trustee of the Walter S. Lewis Revocable Living Trust, Monroe F. Richman, Trustee, Richman Family Trust, and Ming Fang, Trustee, Ming Fang Trust (Appellants), the papers in support and opposition, and the records and files herein,
IT IS HEREBY ORDERED that:
1. The motion to expedite the appeal is denied. Denial of this motion does not preclude the parties from agreeing to an expedited briefing schedule or Appellants from filing their briefs earlier than required by HRAP Rule 28 after the record is transmitted.
2. The motion for stay pending appeal is denied without prejudice to Appellants seeking relief in the court appealed from in the first instance in accordance with HRAP Rule 8(a).
3. The motion for injunction pending appeal is denied without prejudice to Appellants seeking relief in the court appealed from in the first instance in accordance with HRAP Rule 8(a).
4. The petition for a writ of mandamus is denied.
DATED: Honolulu, Hawai`i, July 7, 2005.
Robert H. Thomas
for intervenors-
appellants on the
motion
Pamela A. Fong
for plaintiff-appellee
in opposition
1. Considered by:
Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.