In re Contested Case Hearing re Conservation District Use Application

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SCOT-17-0000812 Electronically Filed Supreme Court SCOT-17-0000812 29-NOV-2018 03:36 PM 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, HAWAI I, TMK (3)404015:009 ________________________________________________________________ APPEAL FROM THE BOARD OF LAND AND NATURAL RESOURCES (BLNR-CC-16-002 (Agency Appeal)) ORDER DENYING MOTION FOR RECONSIDERATION (By: Recktenwald, C.J., McKenna, and Pollack, JJ., and Circuit Judge Castagnetti, in place of Nakayama, J., recused, with Wilson, J., dissenting separately) Upon consideration of Intervenor-Appellant Harry Fergerstrom’s motion for reconsideration of this court’s October 30, 2018 opinion, filed on November 19, 2018, and the record and files herein, IT IS HEREBY ORDERED that the motion for reconsideration is denied. DATED: Honolulu, Hawai i, November 29, 2018. /s/ Mark E. Recktenwald /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Jeannette H. Castagnetti

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