County of Kauai v. Baptiste (Order Denying Motion for Reconsideration)

* * * FOR PUBLICATION * * *
in West's Hawai`i Reports and the Pacific Reporter

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IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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COUNTY OF KAUAI, BY ITS COUNTY ATTORNEY LANI D.

NAKAZAWA, Plaintiff-Appellee,

vs.

BRYAN J. BAPTISTE, MAYOR, COUNTY OF KAUAI; MICHAEL

H. TRESLER, DIRECTOR OF FINANCE, COUNTY OF KAUAI;

AND KAUAI COUNTY COUNCIL, Defendants-Apellees,

and

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.

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NO. 27351

MOTION FOR RECONSIDERATION

(CIV. NO. 04-1-0124)

SEPTEMBER 6, 2007

MOON, C.J., LEVINSON, AND NAKAYAMA, JJ.; ACOBA, J.,

DISSENTING, WITH WHOM DUFFY, J., JOINS

Upon consideration of intervenors-appellants 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's motion for reconsideration, filed August 16, 2007, the papers in support thereof, and the record herein,

IT IS HEREBY ORDERED that the motion for reconsideration is denied. Associate Justices Acoba and Duffy, having dissented from the majority in the original opinion, do not concur.

Robert H. Thomas (of Damon
Key Leong Kupchak Hastert),
for intervenors-appellants,
on the motion

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No. 27351 County of Kauai v. Baptiste -- Order Denying Motion for Reconsideration