NO. 26813



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



WALTER JOHN KELLY, et al.,
Plaintiffs-Appellees/Cross-Appellants/Cross-Appellees

vs.


1250 OCEANSIDE PARTNERS, a Hawai`i Limited Partnership,
Defendant-Appellant/Cross-Appellant/Cross-Appellee



and


STATE OF HAWAI`I, DEPARTMENT OF HEALTH,
a Department of the State of Hawai`i, et al.,
Defendants-Appellees/Cross-Appellants

and



DEPARTMENT OF LAND AND NATURAL RESOURCES,
et al., Defendants-Appellees

and



LAND USE COMMISSION, Defendant-Appellee



and



COUNTY OF HAWAI`I, et al.,
Defendants-Appellants/Cross-Appellees

and



JOHN DOES 1-10, et al., Defendants



APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 00-1-0192K)



ORDER
(By: Acoba, J., for the court (1))

Upon consideration of Defendant-Appellant/Cross-Appellee 1250 Oceanside Partners' motion for remand and stay of proceedings, the papers in support, and the records and files herein, it appears that: (1) the parties reached a tentative settlement resolving issues in this appeal except for issues concerning the existence or extent of any public trust obligations relating to coastal water quality, whether such duties as may exist in these areas were violated in this case, and related matters; (2) the parties submitted a joint HRCP Rule 60(b) motion to the Circuit Court of the Third Circuit to partially vacate the third amended judgment; and (3) on March 3, 2006, the circuit court issued an order indicating its inclination to grant the HRCP Rule 60(b) motion upon remand of the case from the supreme court in accordance with Life of the Land v. Ariyoshi, 57 Haw. 249, 553 P.2d 464 (1976). Therefore,

IT IS HEREBY ORDERED that:

1.     The motion for remand is granted, and this matter is remanded to the Circuit Court of the Third Circuit for consideration of the joint HRCP Rule 60(b) motion.

2.     Within thirty days from the date of this order, the parties shall file the joint HRCP Rule 60(b) motion, and the circuit court shall hear and decide the joint HRCP Rule 60(b) motion.

3.     Within thirty days thereafter, the circuit court shall issue its order on the HRCP Rule 60(b) motion and/or amended judgment.

4.     Within ten days after the circuit court issues its order and/or amended judgment, the clerk of the Circuit Court of the Third Circuit shall supplement the record on appeal with all documents filed in the record on remand.

5.     Within ten days after the circuit court issues its order and/or amended judgment, the parties shall inform the court of the status of the appeal and which issues, if any, remain pending for decision.

6.     The appeal is stayed pending the notification required in this order.

DATED: Honolulu, Hawai`i, March 7, 2006.


Lawrence S. Okinaga and
David W.K. Wong (Carlsmith
Ball LLP), on the motion
for defendant-appellant/
cross-appellant/cross-appellee
1250 Oceanside Partners.

1.     Considered by Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.