Kepo'o v. Kane
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IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--- ARTHUR F. KEPO#O, Plaintiff-Appellee and JAMES GROWNEY and MAUNA KEA HOMEOWNERS ASSOCIATION, Intervenors-Plaintiffs-Appellees vs. MICAH KANE,1 CHAIRPERSON, HAWAIIAN HOMES COMMISSION, DEPARTMENT OF HAWAIIAN HOME LANDS, STATE OF HAWAI#I, Defendants-Appellants and KAWAIHAE COGENERATION PARTNERS and WAIMANA ENTERPRISES, INC., Intervenors-Defendants-Appellants (CIV. NO. 94-004) ----------------------------------------------------------------LILLIAN K. DELA CRUZ, Plaintiff-Appellee and JAMES GROWNEY and MAUNA KEA HOMEOWNERS ASSOCIATION, Intervenors-Plaintiffs-Appellees vs. DEPARTMENT OF HAWAIIAN HOME LANDS, by MICAH KANE, in his capacity as Chairman and Director; OFFICE OF ENVIRONMENTAL QUALITY CONTROL by GENEVIEVE SALMONSON,2 1 Pursuant to Hawai#i Rules of Appellate Procedure (HRAP) Rule 43(c)(1), Micah Kane, the current Chairperson of the Hawaiian Homes Commission and the Director of the Department of Hawaiian Home Lands, has been substituted for Kali Watson, the Chairperson and Director at the time this case was decided by the third circuit court. 2 Pursuant to HRAP Rule 43(c)(1), Genevieve Salmonson, the current Director of the Office of Environmental Quality Control, has been substituted for Brian J.J. Choy, the Director at the time this case was decided by the third circuit court. in her capacity as Director, Defendants-Appellants and KAWAIHAE COGENERATION PARTNERS and WAIMANA ENTERPRISES, INC., Intervenors-Defendants-Appellants (CIV. NO. 94-013) ----------------------------------------------------------------JOSEPHINE L. TANIMOTO, as a resident and lessee of the Kawaihae Hawaiian Home Lands, Plaintiff-Appellee and JAMES GROWNEY and MAUNA KEA HOMEOWNERS ASSOCIATION, Intervenors-Plaintiffs-Appellees vs. DEPARTMENT OF HAWAIIAN HOME LANDS, by MICAH KANE, in his capacity as Chairman and Director; OFFICE OF ENVIRONMENTAL QUALITY CONTROL by GENEVIEVE SALMONSON, in her capacity as Director, Defendants-Appellants and KAWAIHAE COGENERATION PARTNERS and WAIMANA ENTERPRISES, INC., Intervenors-Defendants-Appellants (CIV. NO. 94-014) NO. 23702 MOTION FOR RECONSIDERATION FEBRUARY 16, 2005 MOON, C.J., LEVINSON, ACOBA, JJ., CIRCUIT JUDGE GRAULTY, IN PLACE OF NAKAYAMA, J., RECUSED, AND CIRCUIT JUDGE AUGUST IN PLACE OF DUFFY, J., RECUSED Intervenors-Defendants-Appellants Kawaihae Cogeneration Partners and Waimana Enterprises, Inc. s motion for 2 reconsideration filed on January 14, 2005, requesting that this court review its opinion filed on January 4, 2005, affirming the third circuit court s August 15, 2000 amended final judgment, is hereby denied. Michele-Lynn E. Luke (Richards & Luke), on the motion for IntervenorsDefendants-Appellants Kawaihae Cogeneration Partners and Waimana Enterprises, Inc. 3
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