NO. 29035
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
THE
SIERRA CLUB, a California non-profit corporation
registered
to do business in the State of Hawaii; MAUI TOMORROW,
INC., a Hawaii
non-profit corporation; and the KAHULUI
HARBOR
COALITION, an unincorporated association,
Petitioners/Plaintiffs-Appellants/Cross-
Appellees/Appellees/Cross-Appellants,
vs.
THE
DEPARTMENT OF TRANSPORTATION OF THE STATE OF HAWAII;
BRENNON
MORIOKA, 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; HAWAII
SUPERFERRY, INC.,
Respondents/Defendants-Appellees/Cross-
Appellants/Appellants/Cross-Appellees.
APPEAL AND
CROSS-APPEAL FROM THE SECOND CIRCUIT
(CIV.
NO. 05-1-0114)
ORDER GRANTING AND
ACCEPTING APPLICATION FOR TRANSFER
(By: Moon, C.J. for
the court
(1))
Upon consideration
of the application for transfer filed on September 26, 2008, by
petitioners/plaintiffs-appellants/cross-appellees Sierra Club, Maui
Tomorrow,
Inc., and Kahului Harbor Coalition, the papers in support and in
opposition, and
the record,
IT IS HEREBY
ORDERED that the application for transfer is granted pursuant to HRS
§ 602-58(a)(1) (Supp. 2007) and accepted pursuant to HRS § 602-58(b)(1) (Supp. 2007). This
case
is transferred to the supreme court effective
the date of this order.
IT IS FURTHER ORDERED that the case will be
scheduled for oral argument. The parties will be notified by the
appellate clerk regarding scheduling.
DATED: Honolulu, Hawai‘i, October 14, 2008.
1. Considered by:
Moon, C.J., Levinson,
Nakayama, Acoba, and Duffy, JJ.