NO. 28359




IN THE SUPREME COURT OF THE STATE OF HAWAI‘I






PONO, an unincorporated association; WALTER RITTE, JR.;
WAYDE LEE; MATTHEW ADOLPHO and JOSEPH KALIPI,
as individuals and members of PONO,
Petitioners/Plaintiffs/Counterclaim Defendants-Appellants,


and


HALONA KAOPUIKI,
Respondent/Plaintiff/Counterclaim Defendant-Appellee,


vs.


MOLOKAI RANCH, LTD., a Hawai‘i corporation,
Respondent/Defendant/Counterclaimant-Appellee,

and


JAMES W. MOZLEY, JR.; CHARLES JENCKS, as an individual and in his
capacity as Director of the County of Maui, Department of Public
Works and Waste Management; LINDA CROCKETT LINGLE, as an
individual and in her capacity as Mayor of the County of Maui; COUNTY OF MAUI,
a governmental entity,
Respondents/Defendants-Appellees.




CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CIV. NO. 97-0383)





ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

(By: Duffy, J., for the court (1))

Petitioners/Plaintiffs/Counterclaim Defendants-Appellants Pono, an unincorporated association, Walter Ritte, Jr., Wayde Lee, Matthew Adolpho, and Joseph Kalipi, as individuals and members of Pono's application for a writ of certiorari, filed on November 20, 2008, is hereby rejected.

DATED: Honolulu, Hawai‘i, December 29, 2008.


Alan T. Murakami,
David Kimo Frankel, and
Anthony f. Quan, Jr. (of
Native Hawaiian Legal
Corporation) for petitioners/
plaintiffs/counterclaim
defendants-appellants on the
application

Kenneth R. Kupchak,
Robert H. Thomas, and
Gregory W. Kugle (of
Damon Key Leong Kupchak
Hastert) for respondent/
defendant/counterclaimant-
appellee Molokai Ranch,
Ltd. on the response

Jane E. Lovell,
Deputy Corporation Counsel,
for respondents/defendants-
appellees Charles Jencks,
as an individual and in his
capacity as Director of the
County of Maui, Department of
Public Works and Waste Management;
Linda Crockett Lingle, as an
individual and in her capacity
as Mayor of the County of Maui;
and County of Maui, a governmental
entity, on the response


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