Bardin v. Planning Department of the County of Kauai

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NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-18-0000902 28-OCT-2020 07:48 AM Dkt. 109 ORD NO. CAAP-18-0000902 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I ANTHONY S. BARDIN; GREG ALLEN, SR. and GREG ALLEN, JR.; THOMAS J. BROOKS; JENNIFER S. BROOKS; MICHAEL CHANDLER; KIRBY B. GUYER; MILTON SEARLES; JOHN R. HOFF TRUST; LORNA E. HOFF TRUST; MICHAEL L. KAISER; TODD SCHRIM; JOHN WARK and SHANNON WARK, Appellants-Appellants, v. PLANNING DEPARTMENT OF THE COUNTY OF KAUAI/ PLANNING COMMISSION OF THE COUNTY OF KAUAI, KIMO KEAWE, in his official capacity as Chairperson of the Planning Commission, Appellees-Appellees and BARBARA ROBESON and CAREN DIAMOND, Intervenors-Appellees. APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 17-1-0181) ORDER GRANTING MOTION TO DISMISS APPEAL WITH PREJUDICE AS TO APPELLANTS JOHN WARK AND SHANNON WARK; MICHAEL CHANDLER; JOHN R. HOFF TRUST AND LORNA E. HOFF TRUST (By: Leonard, Presiding Judge, and Chan and Wadsworth, JJ.) Upon consideration of (1) the September 24, 2020 "Motion for Dismissal of Appeal as to Appellants John Wark and Shannon Wark; Michael Chandler; John R. Hoff Trust and Lorna E. Hoff Trust" (motion to dismiss); (2) the September 30, 2020 statement of no position to the motion to dismiss, filed by Appellees Planning Department of the County of Kaua#i/Planning Commission of the County of Kaua#i, Kimo Keawe, in His Official Capacity as Chairperson of the Planning Commission; and (3) the record, it appears that the Dismissing Appellants move to dismiss the appeal as to themselves, with prejudice. Therefore, NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER IT IS HEREBY ORDERED that the motion to dismiss is granted and the appeal is dismissed with prejudice as to the Dismissing Appellants only, pursuant to Hawai#i Rules of Appellate Procedure Rule 42(b) . DATED: Honolulu, Hawai#i, October 28, 2020. /s/ Katherine G. Leonard Presiding Judge /s/ Derrick H.M. Chan Associate Judge /s/ Clyde J. Wadsworth Associate Judge 2

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