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.