Malahoff v. Saito. Concurring and Dissenting Opinion by J. Acoba [pdf]. S.Ct. Order of Correction, filed 09/19/2006 [pdf].

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* * * FOR PUBLICATION * * * in West s Hawai#i Reports and the Pacific Reporter IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--ALEXANDER MALAHOFF; LINDA CURRIVAN; DIANE FERREIRA; HUGH FOLK; VINCENT LINARES; DAVID MILLER; and UNIVERSITY OF HAWAI#I PROFESSIONAL ASSEMBLY, Plaintiffs-Appellees, vs. RUSS K. SAITO, in his capacity as Comptroller of the State of Hawai#i; and LINDA LINGLE, Governor of the State of Hawai#i,1 Defendants-Appellants. NO. 25180 APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 99-2173-06 VSM) AUGUST 11, 2006 MOON, C.J., LEVINSON, NAKAYAMA, AND DUFFY, JJ.; ACOBA, J., CONCURRING AND DISSENTING SEPARATELY OPINION OF THE COURT BY MOON, C.J. This appeal arises from the efforts of defendantsappellants Russ K. Saito, in his capacity as Comptroller of the State of Hawai#i (the State), and Linda Lingle, in her capacity as Governor of the State [hereinafter, collectively, the Defendants] to implement the new payroll payment plan provided in Hawai#i Revised Statutes (HRS) § 78-13 (Supp. 2005), quoted infra, as to the faculty members at the University of Hawai#i 1 Pursuant to Hawai #i Rules of Civil Procedure (HRCP) Rule 43(c) (2004), Russ K. Saito and Linda Lingle have been substituted as parties to the instant appeal, in place of Raymond H. Sato and Benjamin J. Cayetano, respectively. -1-

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