NO. 26544


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



CIV. NO. 03-1-0361
CITY AND COUNTY OF HONOLULU, a municipal corporation
of the State of Hawai`i, Plaintiff-Appellee/Cross-Appellant/Cross-Appellee,

vs.


KATHLEEN HSIUNG; JAMES B. SHAW, Trustee under that
certain James B. Shaw Revocable Living Trust Agreement
dated June 4, 1990; RUTH G. RAND, Trustee under that
certain unrecorded Ruth G. Rand Revocable Trust
Agreement dated May 30, 1986; DEBORAH DARLENE DUPIRE-
NELSON; ROBERT LEE DUPIRE-NELSON; IRA NAGEL and DOROTHY
NAGEL, Trustees of the Dorothy Nagel Revocable Living
Trust under that certain unrecorded Trust Agreement
dated November 28, 1989; BARBARA WEI LAU; JENNIFER
HWEI-MAY LAU; DAN H. DEVANEY, III, Trustee of the Dan
H. Devaney, III Revocable Living Trust dated October 7,
1993; CEDRIC CHOI; PATRICIA CHOI; MARY ILMA COSTIGAN
ANDERSON, Trustee under Declaration of Trust dated May
25, 1984; EDWARD BURRNETT KEYES, JR.; KATHARINE ROGERS
RANDALL, Successor Trustee of the Kennedy Randall, Jr.
Trust, under that certain unrecorded Trust Agreement
dated August 6, 1985; GERALD HENRY CUTTER; MILDRED P.
AULT, Trustee under the Mildred P. Ault Revocable Trust
dated July 23, 1987, as amended in full by First
Amendment dated March 28, 1990; MARY H. SHELTON,
Trustee under that certain unrecorded Charles O.
Shelton, Jr. and Mary H. Shelton Joint Living Trust
Agreement dated September 20, 1993; WALLACE DAVID LOO;
MARJORIE ANNE LOO; LOLA GEBAUER, Successor Trustee of
the Paul W. Gebauer, unrecorded Paul W. Gebauer
Revocable Trust Agreement dated April 28, 1980, and
subsequently amended in its entirety by an Amendment
dated December 8, 1982, and a Second Amendment dated
December 26, 1997; LOLA GEBAUER, as Trustee under an
unrecorded Lola Gebauer Revocable Trust Agreement dated
April 28, 1980, and subsequently amended in its
entirety by an Amendment dated December 8, 1982, and a
Second Amendment dated December 26, 1997; WILLIAM C.
DIXON, JR. AND PATRICIA DIXON, as Trustees under
certain unrecorded Dixon 1996 Trust dated November 21,
1996; BRUCE D. DUGSTAD, Successor Trustee under that
certain Revocable Living Trust Agreement dated August
27, 1980; JEAN MARIE MOREL; JEANNETTE J. WARREN, as
Trustee under unrecorded Revocable Living Trust
Agreement dated August 19, 1987, as amended; MARGUERITE
ELIZABETH GONSALVES; HARRISON CLIFFORD GONSALVES;
DANIEL YOUNG LEE; JULIET OK LEE; STEVEN JON BERMAN;
HEIDI YUEN BERMAN; GEORGE EDWARD ISAACS; SHIRLEY MAE
ISAACS; NORMA ANN STILWELL ;FIRST HAWAIIAN BANK, PAUL
C.T. LOO, and VIOLET S.W. LOO, Co-Trustees of the John
Joseph Ryan and Marie Ryan Revocable Living Trust,
established by that certain unrecorded Trust Agreement
dated August 6, 1991, as amended and restated
by instrument dated February 16, 1993, and as further
amended by instruments dated November 10, 1993, October
14, 1996 and March 30, 1999; DEREK MICHAEL POAG; ERIK
STERLING; ETHEL H. BIRD, widow, as Trustee under an
unrecorded Revocable Trust Agreement dated September 3,
1987; GEORGE WM. SMITH and JULIA SMITH, as Co-Trustees
under the Geroge and Julia Smith Revocable Trust, dated
March 10, 1987, Defendants-Appellants/Cross-Appellees,


and


JAMES DOUGLAS KEAUHOU ING, CONSTANCE HEE LAU, CHARLES
NAINOA THOMPSON, DIANE JOYCE PLOTTS, and ROBERT KALANI
UICHI KIHUNE, Trustees under the Will and of the Estate of
Bernice Pauahi Bishop, deceased, Defendants-
Appellees/Cross-Appellees/Cross-Appellants,


and


GERMAINE HOPE BRENNAN, Trustee under that certain
unrecorded Revocable Trust of Germaine Hope Brennan
dated August 28, 1981, as amended; GERMAINE HOPE
BRENNAN, Successor of Trustee under that certain
unrecorded Revocable Trust of Edward Brennan dated
August 28, 1981, as amended; HENRY PAUL WEBER, Trustee
under unrecorded Revocable Living Trust Agreement dated
January 12, 1979, as amended, and CHARLES COOK
SPAULDING, as Trustee under that certain unrecorded
instrument known as The Spaulding 1993 Revocable Trust;
SAKIKO KISHIMOTO, Trustee under that certain unrecorded
Trust Agreement known as The Sakiko Kishimoto Trust
dated January 11, 1989; JOHN DOES 1-200, MARY DOE 1-
200; DOE PARTNERSHIP 1-100; DOE CORPORATION 1-100; DOE
NON-PROFIT CORPORATION 1-100; and DOE ENTITY 1-100,
Defendants.

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CIV. NO. 02-1-2955
JAMES DOUGLAS KEAUHOU ING, CONSTANCE HEE LAU, CHARLES
NAINOA THOMPSON, DIANE JOYCE PLOTTS, and ROBERT KALANI
UICHI KIHUNE, in their capacity as Trustees under the
Will and of the Estate of Bernice Pauahi Bishop,
deceased, and not in their individual capacities,
Plaintiffs-Appellants,

vs.



CITY AND COUNTY OF HONOLULU; DEPARTMENT OF
COMMUNITY SERVICES, CITY AND COUNTY OF HONOLULU,
Defendants-Appellees,

and


JOHN DOES 1-30; MARY DOES 1-30; DOE PARTNERSHIPS 1-30;
and CORPORATIONS AND OTHER ENTITIES 1-30, Defendants.



APPEAL FROM FIRST CIRCUIT COURT
(CIV. NOS. 03-1-0361 and 02-1-2955)



ORDER OF CORRECTION
(By: Moon, C.J., Levinson, Acoba, and Duffy, JJ.;
and Circuit Judge Perkins, in Place
of Nakayama, J., Recused)

The opinion of the court, filed December 8, 2005, is corrected as follows (deleted language is bracketed and stricken):

Page 26, First Paragraph, First Sentence:

ROH § 38-1.2 defines a lessee as "any person to whom land is leased or subleased, including the person's heirs, successors, legal representatives, and assigns and who is the owner-occupant of the residential condominium unit, [residential condominium unit, ]residential cooperative housing unit or residential planned development unit." (Emphasis added.)

The Clerk of the Court is directed to correct the original opinion as indicated above and take all necessary steps to notify the publishing agencies of the correction.

DATED: Honolulu, Hawai`i, March 23, 2006.