IN THE SUPREME COURT OF THE STATE OF HAWAI`I


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KEAHOLE DEFENSE COALITION, INC., a Hawai`i
nonprofit corporation; PEGGY J. RATLIFF and
MAHI COOPER, Appellants-Appellees

vs.


BOARD OF LAND AND NATURAL RESOURCES, STATE OF
HAWAI`I; DEPARTMENT OF LAND AND NATURAL RESOURCES,
STATE OF HAWAI`I; HAWAII ELECTRIC LIGHT COMPANY, INC.,
a Hawai`i corporation, DEPARTMENT OF HAWAIIAN HOME
LANDS, STATE OF HAWAI`I, Appellees-Appellees

and


WAIMANA ENTERPRISES, INC., a Hawai`i
corporation, Appellee-Appellant
(CIV. NO. 02-1-0068K)

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DEPARTMENT OF HAWAIIAN HOME LANDS, STATE
OF HAWAI`I, Appellant-Appellee


vs.


DEPARTMENT OF LAND AND NATURAL RESOURCES, STATE OF
HAWAI`I; BOARD OF LAND AND NATURAL RESOURCES, STATE OF
HAWAI`I; HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawai`i
corporation, PEGGY J. RATLIFF, MAHI COOPER, KEAHOLE
DEFENSE COALITION, INC., a Hawai`i nonprofit corporation,
Appellees-Appellees

and


WAIMANA ENTERPRISES, INC., a Hawai`i
corporation, Appellee-Appellant
(CIV. NO. 02-1-0079K)


NO. 26305





ORDER OF AMENDMENT
(CIV. NOS. 02-1-68K & 02-1-0079K)





MAY 25, 2006





MOON, C.J., LEVINSON, ACOBA, JJ., CIRCUIT
JUDGE DEL ROSARIO FOR NAKAYAMA, J., RECUSED, AND
CIRCUIT JUDGE CHAN FOR DUFFY, J., RECUSED; WITH CIRCUIT
JUDGE DEL ROSARIO CONCURRING SEPARATELY
AND WITH WHOM ACOBA, J., JOINS

The opinion of the court, filed on May 18, 2006, is amended as follows (deletions are bracketed/stricken and the additions are double underscored):

Line 11 from the top of page 2: We hold that [(1)] Appellee-Appellant Waimana

Line 17 from the top of page 2: [(a)] was barred by collateral estoppel[,] and[(b)] does not have a

Line 21 from the top of page 2 to line 4 from the top of page 3: Constitution[;], (1) [(2) notwithstanding the lack of a property interest, Waimana was given due process; (3) Waimana fails to establish an equal protection violation; and (4) Waimana has failed to establish a breach of the public trust,] and, thus, [(5)] the circuit court of the third circuit (the court), (2) did not

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.




1.     Article I, section 5 of the Hawai`i Constitution, entitled "Due Process and Equal Protection," provides that:

2.    The Honorable Ronald Ibarra presided.