FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 04-NOV-2024 07:53 AM Dkt. 167 OCOR NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

MAUNALUA BAY BEACH OHANA 28, a Hawai#i Non-Profit Corporation; MAUNALUA BAY BEACH OHANA 29, a Hawai#i Non-Profit Corporation; and MAUNALUA BAY BEACH OHANA 38, a Hawai#i Non-Profit Corporation, individually and on behalf of all others similary situated, Plaintiffs-Appellants/Cross-Appellees, v. STATE OF HAWAI#I, Defendant-Appellee/Cross-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC051000904)

ORDER OF CORRECTION (By: Hiraoka, J.)

IT IS HEREBY ORDERED that the Opinion of the court, filed on March 18, 2024, is hereby corrected as follows: At page 9, line 5 from the bottom, replace "76" with "73" so the line reads as follows: accreted after the effective date of Act 73 were public lands.

At page 10, line 6 from the top of the first paragraph, insert a period after "Ed" so the line read as follows: 125 S. Ct. 2641, 162 L. Ed. 2d 480 (2005) (citing Fed. R. Civ. P. FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER The clerk of the court is directed to take all necessary steps to notify the publishing agencies of this change.

DATED: Honolulu, Hawai#i, November 4, 2024.

/s/ Keith K. Hiraoka Associate Judge