NO. 28845
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
1000
FRIENDS OF KAUAI, a Hawaii non-profit incorporation;
RICHARD
HOEPPNER, an individual,
Petitioners/Plaintiffs-Appellants,
vs.
THE
DEPARTMENT OF TRANSPORTATION, STATE OF HAWAII; BARRY
FUKUNAGA, in his
capacity
as Director of the DEPARTMENT OF
TRANSPORTATION OF THE STATE OF HAWAII;
MICHAEL
FORMBY, in his
capacity as Director of Harbors of the DEPARTMENT OF
TRANSPORTATION
OF
THE STATE OF HAWAII and HAWAII SUPERFERRY,
INC.,
Respondents/Defendants-Appellees.
APPEAL FROM
THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CIV.
NO. 07-1-0131)
ORDER DENYING APPLICATION FOR
TRANSFER
(By: Moon, C.J.
for the court
(1))
Upon consideration
of the application for transfer filed by
petitioners/plaintiffs-appellants 1000 Friends of Kauai and Richard
Hoeppner, the
papers in support and in opposition, and the record, it appears that
petitioners's
case does not meet the requirements for mandatory or discretionary
transfer set
forth in HRS §§ 602-58(a)(1) and -58(b)(1) (Supp. 2007).
Therefore,
IT IS HEREBY
ORDERED that the application for transfer is denied.
DATED: Honolulu, Hawai‘i, July 24, 2008.
1. Considered
by: Moon, C.J., Levinson,
Nakayama, Acoba, and Duffy, JJ.