Kilakila 'O Haleakala v. Board of Land and Natural Resources

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Electronically Filed Supreme Court SCWC-13-0003065 27-OCT-2016 10:03 AM SCWC-13-0003065 IN THE SUPREME COURT OF THE STATE OF HAWAI#I KILAKILA #O HALEAKAL, Petitioner/Appellant-Appellant, vs. BOARD OF LAND AND NATURAL RESOURCES, DEPARTMENT OF LAND AND NATURAL RESOURCES, SUZANNE CASE, in her official capacity as Chairperson of the Board of Land and Natural Resources, and UNIVERSITY OF HAWAI#I, Respondents/Appellees-Appellees. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-13-0003065; CIV. NO. 12-1-3070) ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR RECONSIDERATION (By: Recktenwald, C.J., Nakayama, and McKenna, JJ., with Pollack, J., dissenting, and Wilson, J., dissenting) Upon consideration of Petitioner/Appellant-Appellant Kilakila #O Haleakal's motion for reconsideration filed on October 17, 2016, the papers in support thereof, and the records and files herein, IT IS HEREBY ORDERED that the motion is granted in part in accordance with the Order of Correction filed herewith; otherwise, the motion is denied. DATED: Honolulu, Hawai#i, October 27, 2016. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna DISSENT For the reasons set forth in my dissenting opinion filed on October 6, 2016, I would grant the motion for reconsideration. /s/ Richard W. Pollack DISSENT For the reasons set forth in my dissenting opinion and Parts IA and II of the dissenting opinion by Pollack, J., both filed on October 6, 2016, I would grant the motion for reconsideration. /s/ Michael D. Wilson 2