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Dana Naone Hall v. Department of Land and Natural Resources

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


October 12, 2012

DANA NAONE HALL, PLAINTIFF-APPELLANT,
v.
DEPARTMENT OF LAND AND NATURAL RESOURCES, BOARD OF LAND AND NATURAL RESOURCES, WILLIAM J. AILA, JR. IN HIS OFFICIAL CAPACITY AS CHAIRPERSON OF THE BOARD OF LAND AND NATURAL RESOURCES AND AS THE STATE HISTORIC PRESERVATION OFFICER, PUAALAOKALANI AIU IN HER OFFICIAL CAPACITY AS ADMINISTRATOR OF THE STATE HISTORIC PRESERVATION DIVISION, DEPARTMENT OF HEALTH, LORETTA J. FUDDY IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE DEPARTMENT OF HEALTH, ALVIN T. ONAKA IN HIS OFFICIAL CAPACITY AS STATE REGISTRAR OF VITAL STATISTICS AND CHIEF OF THE DEPARTMENT OF HEALTH'S OFFICE OF HEALTH STATUS MONITORING, KAWAIAHA'O CHURCH, FRANK PESTANA IN HIS OFFICIAL CAPACITY AS THE CHAIR OF THE BOARD OF TRUSTEES AND CHAIR OF THE BOARD OF DIRECTORS OF KAWAIAHA'O CHURCH, JOHN DOES 1-10, JANE DOES 1-10, AND DOE PARTNERSHIPS, CORPORATIONS, TRUSTS, GOVERNMENTAL UNITS OR OTHER ENTITIES 3-20, DEFENDANTS-APPELLEES.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 09-1-1828-08)

ORDER DENYING MOTION FOR RECONSIDERATION FILED BY STATE DEFENDANTS-APPELLEES (By: Nakamura, C.J., and Leonard and Reifurth, JJ.)

Upon consideration of the "Motion for Reconsideration of Order (Filed on September 28, 2012) Granting Plaintiff-

Appellant's Second Motion for Preliminary Injunction Pending

Appeal," which was filed on October 5, 2012, by Defendants- Appellees, Department of Land and Natural Resources, Board of Land and Natural Resources, William J. Aila, Jr. in his official capacity as chairperson of the Board of Land and Natural Resources and as the State Historic Preservation Officer, Puaalaokalani Aiu in her official capacity as administrator of the State Historic Preservation Division, Department of Health, Loretta J. Fuddy in her official capacity as the director of the Department of Health, and Alvin T. Onaka in his official capacity as State Registrar of Vital Statistics and Chief of the Department of Health's Office of Health Status Monitoring, IT IS HEREBY ORDERED that the motion is denied.

Chief Judge Associate Judge Associate Judge

2

20121012

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