January 10, 2014
SIERRA CLUB, Petitioner/Appellant-Appellee,
CASTLE & COOKE HOMES HAWAI'I, INC., and THE LAND USE COMMISSION OF THE STATE OF HAWAI'I, Respondents/Appellees-Appellants, OFFICE OF PLANNING, STATE OF HAWAI'I, DEPARTMENT OF PLANNING AND PERMITTING, and NEIGHBORHOOD BOARD NO. 25, Respondents/Appellees-Appellees.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-11-0000625; CIV. NO. 10-1-2424-11)
Benjamin M. Matsubara, Curtis T. Tabata, and Wyeth M. Matsubarafor respondent-appellee-appellant Castle & Cooke Homes, Hawai'i, Inc.
Nakayama, Acoba, McKenna, and Pollack, JJ., with Recktenwald, C.J., dissenting separately
ORDER DENYING MOTION FOR RECONSIDERATION
Upon consideration of the Motion for Reconsideration filed by Respondents-Appellees-Appellants Castle & Cooke Homes Hawai'i, Inc., filed January 2, 2014, and the records and files herein,
IT IS HEREBY ORDERED that the motion is denied.
DISSENT TO ORDER DENYING MOTION FOR RECONSIDERATION
As set forth in my concurrence and dissent to this court's December 23, 2013 opinion, I conclude that Duane Kanuha was a valid holdover member of the Land Use Commission. For that reason, I would grant Respondent/Appellee-Appellant Castle & Cooke Homes Hawai'i, Inc.'s motion for reconsideration filed on January 2, 2014 and affirm the judgment of the Intermediate Court of Appeals.