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Unite Here! Local 5; Eric W. Gill; Todd A.K. Martin v. City and County of Honolulu

July 20, 2010

UNITE HERE! LOCAL 5; ERIC W. GILL; TODD A.K. MARTIN, PLAINTIFFS,
v.
CITY AND COUNTY OF HONOLULU, A MUNICIPAL CORPORATION; TURTLE BAY RESORT, L.L.C.,*FN1 A HAWAI#I CORPORATION, DEFENDANTS, AND TURTLE BAY RESORT, L.L.C., A HAWAI#I GENERAL PARTNERSHIP, COUNTERCLAIM PLAINTIFF,
v.
UNITE HERE! LOCAL 5 HAWAI#I, A HAWAI#I LABOR ORGANIZATION; ERIC W. GILL, AN INDIVIDUAL, COUNTERCLAIM DEFENDANTS. KEEP THE NORTH SHORE COUNTRY, A HAWAI#I NON-PROFIT CORPORATION; AND SIERRA CLUB, HAWAI#I CHAPTER, A FOREIGN NON-PROFIT CORPORATION, PETITIONERS/PLAINTIFFS-APPELLANTS,
v.
CITY AND COUNTY OF HONOLULU; HENRY ENG, DIRECTOR OF DEPARTMENT OF PLANNING AND PERMITTING, IN HIS OFFICIAL CAPACITY; TURTLE BAY RESORT, L.L.C., A HAWAI#I GENERAL PARTNERSHIP, RESPONDENTS/DEFENDANTS-APPELLEES.



The opinion of the court was delivered by: Moon, C.J

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CIV. NOS. 06-1-0265 & 06-1-0867)

ORDER DENYING MOTION FOR RECONSIDERATION

(By: Moon, C.J., Nakayama and Duffy, JJ.; and Circuit Judge Chan, in place of Recktenwald, J., recused; Acoba, J., dissenting)

Upon consideration of respondent/defendant-appellee Turtle Bay Resort, L.L.C.'s Motion for Reconsideration, filed April 19, 2010,*fn2 the papers in support and in opposition thereto, and the record herein,

IT IS HEREBY ORDERED that the motion for reconsideration is denied. See Sierra Club v. Department of Transportation, 115 Hawai#i 299, 167 P.3d 292 (2007).

DATED: Honolulu, Hawai#i,

Terence J. O'Toole, Sharon V. Lovejoy Lane Hornfeck McKay, and Shyla P. Cockett (of Starn O'Toole Marcus & Fisher) for respondent/defendant-appellee Turtle Bay Resort L.L.C. William S. Hunt and Laura P. Couch (of Alston Hunt Floyd & Ing) and Rory R. Wicks (of Coast Law Group, Encinitas, CA), appearing pro hac vice, for petitioners/plaintiffs- appellants ...


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