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.
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