Clark v. Arakaki (Order Denying Motion for Reconsideration)

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

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EDWARD CLARK, OLLIE FULKS, and MATTHEW BINDER,

Plaintiffs-Appellants,

vs.

JAMES ARAKAKI, in his official capacity as a candidate,
CASEY JARMAN, in her official capacity as County Clerk
and Chief Election Officer for the County of Hawai‘i,
KEVIN B. CRONIN, in his official capacity as Chief Election
Officer for the State of Hawai‘i, COUNTY OF HAWAI‘I,
JOHN DOES 1-10, JANE DOES 1-10, DOE CORPORATIONS,
PARTNERSHIPS, GOVERNMENTAL UNITS or OTHER ENTITIES 1-20,
Defendants-Appellees.

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NO. 26976

MOTION FOR RECONSIDERATION

(CIV. NO. 04-1-0225)

OCTOBER 7, 2008

MOON, C.J., LEVINSON, NAKAYAMA, AND DUFFY, JJ.

AND ACOBA, J., DISSENTING

Defendant-Appellee James Arakaki's motion for reconsideration of the opinion filed on August 29, 2008, and Defendants-Appellees County of Hawai‘i and Casey Jarman, in her official capacity as county clerk and chief elections officer's partial joinder in Defendant-Appellee James Arakaki's motion for reconsideration is hereby denied.

DISSENT BY ACOBA, J.

I respectfully disagree and would grant the motion for reconsideration.

Brian J. De Lima and
William B. Heflin of
Crudele & De Lima for
Defendant-Appellee
James Y. Arakaki


Joseph K. Kamelamela and
Katherine A. Garson, Deputies
Corporation Counsel, for
Defendants-Appellees County
of Hawaii and Casey Jarman,
in her official capacity as
county clerk and chief
elections officer