In re Contested Case Hearing re Conservation District Use Application

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Electronically Filed Supreme Court SCOT-17-0000777 05-NOV-2018 02:29 PM SCOT-17-0000777, SCOT-17-0000811, & SCOT-17-0000812 IN THE SUPREME COURT OF THE STATE OF HAWAI I IN THE MATTER OF CONTESTED CASE HEARING RE CONSERVATION DISTRICT USE APPLICATION (CDUA) HA-3568 FOR THE THIRTY METER TELESCOPE AT THE MAUNA KEA SCIENCE RESERVE, KA OHE MAUKA, H M KUA, HAWAII, TMK (3)404015:009 APPEAL FROM THE BOARD OF LAND AND NATURAL RESOURCES (BLNR-CC-16-002 (Agency Appeal)) ORDER OF CORRECTION (By: Pollack, J.) IT IS HEREBY ORDERED that the Opinion Concurring in Part and Concurring in the Judgment by Pollack, J., filed October 30, 2018, is corrected as follows: 1. On page 4, in the first sentence following Part I, the quotation “we now hold that conservation lands” is changed to read “[w]e therefore now hold that conservation district lands”. 2. On page 4, the date stated in the first line of the last paragraph (“para”): “In 1804,” is changed to “In 1840,”. 3. The following references to the footnotes in the Majority opinion are corrected as follows: Page Location Current Citation Corrected Citation 2 last para Majority at 49 n.23 Majority at 49 n.25 9 footnote 3 Majority at 48 n.22 Majority at 48 n.24 33 last para Majority at 54 n.29 Majority at 52 n.30 33 last para Majority at 54 n.28 Majority at 52 n.29 4. The following refereneces to the Majority opinion are corrected as follows: Page 4 Location first full para Current Citation Corrected Citation Majority at 48 Majority at 47-48 20 first para Majority at 51-56 Majority at 50-52 20 first para Majority at 51-52 Majority at 50 20 first para Majority at 52 Majority at 50 21 first para Majority at 53-54 Majority at 51-52 27 last para See Majority at 33-42 See Majority at 32-42 The Clerk of the Court is directed to take all necessary steps to notify the publishing agencies of these changes. DATED: Honolulu, Hawai i, November 5, 2018. /s/ Richard W. Pollack Associate Justice 2