July 17, 2013
RICHARD NELSON III, KALIKO CHUN, JAMES AKIONA, SR., SHERILYN ADAMS, KELII IOANE, JR., and CHARLES AIPIA (deceased), Respondents/Plaintiffs/Appellants,
HAWAIIAN HOMES COMMISSION, THE DEPARTMENT OF HAWAIIAN HOME LANDS, JOBIE MASAGATANI, in her official capacity as Chair of the Hawaiian Homes Commission, IMAIKALANI P. AIU, PERRY ARTATES, LEIMANA K. DAMATE, GENE ROSS DAVIS, JEREMY KAMAKANEOALOHA HOPKINS, MICHAEL P. KAHIKINA, IAN LEE LOY, and RENWICK V. I. TASSILL, in their official capacities as members of the Hawaiian Homes Commission, Respondents/Defendants/Appellees, and KALBERT K. YOUNG, in his official capacity as the State Director of Finance, and the STATE OF HAWAI'I, Petitioners/Defendants/Appellees.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 30110, CIVIL NO. 07-1-1663-08)
Alan T. Murakami and Camille K. Kalama for respondents.
Recktenwald, C.J., Nakayama, and McKenna, JJ..
ORDER DENYING MOTION FOR RECONSIDERATION
Upon consideration of the Motion for Reconsideration filed by Respondents/Plaintiffs/Appellants Richard Nelson III, Kaliko Chun, James Akiona, Sr., Sherilyn Adams, and Kelii Ioane, Jr., on July 8, 2013, together with the Opinion, and the records and files in this case, and having fully considered the arguments set forth in the Motion,
IT IS HEREBY ORDERED that the motion is denied.
I concur in the denial of the Motion for Reconsideration for the reasons stated in my concurring opinion.
I respectfully dissent and would grant the motion for reconsideration.