NOS. 25344 & 26820
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
No. 25344
HAWAII
VENTURES, LLC, Plaintiff-Appellant/
Cross-Appellee,
vs.
OTAKA, INC.;
TAKAO BUILDING CO., LTD., formerly
known as
Takao Building Development Co., Ltd.;
K.K. KAINI
SEVEN, YUKIO TAKAHASHI; HAWAIIAN WAIKIKI
BEACH, INC.;
ALAKAI MECHANICAL CORPORATION; HEWLETT-
PACKARD
COMPANY; HAWAII ENERGY MANAGEMENT CO., LLC.,
Defendants-Appellees/Cross-Appellants,
and
BUSINESS
MANAGEMENT GROUP, INC.; BEACH SNACK
EXPRESS,
INC.; JOHN DOES 1-50; JANE DOES 1-50;
DOE
PARTNERSHIPS 1-50; DOE CORPORATIONS 2-50;
DOE ENTITIES
1-50; and DOE GOVERNMENTAL
UNITS 1-50,
Defendants,
and
ILWU LOCAL
142 AFL-CIO, and THEODORE H. SMYTH,
Trustee,
SMYTH FAMILY TRUSTS, Intervenor
Defendants-Appellees/Cross-Appellants,
and
ARGONAUT
INSURANCE COMPANY, Intervenor
Defendant-Appellee/Cross-Appellee,
and
OTAKA, INC.
and HAWAIIAN WAIKIKI BEACH, INC.,
Counterclaimants-Appellees/Cross-Appellants,
vs.
LEUCADIA NATIONAL CORPORATION,
Additional
Counterclaim Defendant.
PATRICIA KIM PARK, Receiver-Appellee/Cross-Appellee.
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No. 26820
HAWAII
VENTURES, LLC, Plaintiff-Appellant/
Cross-Appellee,
vs.
OTAKA, INC.;
TAKAO BUILDING CO., LTD., formerly
known as
Takao Building Development Co., Ltd.;
K.K. KAINI
SEVEN, YUKIO TAKAHASHI; HAWAIIAN WAIKIKI
BEACH, INC.,
Defendants-Appellees/Cross-Appellees/
Cross-Appellants,
and
ALAKAI
MECHANICAL CORPORATION; HEWLETT-PACKARD
COMPANY;
BUSINESS MANAGEMENT GROUP, INC.; BEACH SNACK
EXPRESS,
INC.; and HAWAII ENERGY MANAGEMENT CO., LLC.,
Defendants-Appellees/Cross-Appellees,
and
JOHN DOES
1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50;
DOE
CORPORATIONS 2-50; DOE ENTITIES 1-50; and
DOE
GOVERNMENTAL UNITS 1-50, Defendants,
and
THEODORE H.
SMYTH, Trustee, SMYTH FAMILY TRUSTS,
Intervenor
Defendants-Appellees/Cross-Appellants/
Cross-Appellees,
and
ILWU LOCAL
142 AFL-CIO and ARGONAUT INSURANCE
COMPANY,
Intervenor Defendants-Appellees/
Cross-Appellees/Cross-Appellant,
and
OTAKA, INC.
and HAWAIIAN WAIKIKI BEACH, INC.,
Counterclaimants-Appellees/Cross-Appellees,
vs.
LEUCADIA
NATIONAL CORPORATION, Additional Counterclaim
Defendant-Appellee/Cross-Appellee.
PATRICIA KIM PARK, Receiver-Appellee/Cross-Appellee.
FORMER EMPLOYEES OF HAWAIIAN WAIKIKI BEACH HOTEL,
Party In
Interest-Appellee/Cross-Appellee/Cross-Appellant.
APPEAL FROM
THE FIRST CIRCUIT COURT
(CIV. NO.
00-1-2427)
ORDER
AMENDING THE OPINION OF THE COURT,
FILED
MAY 7, 2007
It appearing that the cross appeal of intervenor
defendant-appellee/cross-appellant/cross-appellee Theodore H. Smyth of
the
Smyth Family Trusts having been dismissed on June 30, 2005, the opinion
of the court, filed May 7, 2007, is amended as
follows (additions are underscored; deletions are stricken):
1.
Page 5, last sentence:
Further, appeal No. 26820 involves two additional sets of parties, who
also cross appeal: (1) intervenor
defendant-appellee/cross-appellant/cross-appellee Theodore H. Smyth of
the Smyth Family Trusts, which own a
substantial portion of
land on which the Hotel sits
and whose cross appeal was dismissed by this court on June 30,
2005 [hereinafter, Trustee
Smyth]; and (2) party in
interest-appellee/cross-appellee/cross-appellant Former
Employees of the Hawaiian Waikiki
Beach
Hotel (the Former Employees).
2.
Page 26, last sentence of first paragraph
of "Discussion" section:
Finally,
the Trustees' cross-appeal challenges the circuit court's orders
relating to their counterclaim.
3.
Page
32, last sentence above subsection B.:
Finally, we address: (1) Hawaii Ventures' remaining
contentions; (2) ILWU's cross-appeal; and (3) the Former
Employees' cross-appeal; and (4) the Trustees'
cross-appeal.
4.
Pages 141 through top of 163: The
entire subsection "G. The Trustees' Cross-Appeal"
is stricken.
An amended opinion
is being filed concurrently with this order, incorporating the
foregoing amendments. The Clerk of the
Court is directed to provide a copy of this order and a copy of the
amended opinion to the parties and to notify the
publishing agencies of these changes. The Clerk of the Court is further
instructed to distribute copies of this order of
amendment to those who received the previously filed opinion.
DATED: Honolulu,
Hawai`i, May 9, 2007.