NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 15-APR-2024 07:51 AM Dkt. 34 OGMD NO. CAAP-XX-XXXXXXX

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

KIA I WAI O WAI ALE ALE, an unincorporated association; FRIENDS OF MAHA ULEPU, a nonprofit corporation, Plaintiffs/Appellants-Appellees, v. BOARD OF LAND AND NATURAL RESOURCES, STATE OF HAWAI I, Defendant/Appellee-Appellant, and KAUA I ISLAND UTILITY COOPERATIVE, a domestic cooperative association, Defendant/Appellee-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL (By: Leonard, Acting Chief Judge, Hiraoka and Nakasone, JJ.)

Upon consideration of Defendant/Appellee-Appellant Board of Land and Natural Resources' April 8, 2024 Motion to Dismiss Appeal, the papers in support, and the record, IT IS HEREBY ORDERED that the motion is granted and the appeal is dismissed, under Hawai i Rules of Appellate Procedure Rule 42(b).

IT IS FURTHER ORDERED that all pending motions are dismissed.

DATED: Honolulu, Hawai i, April 15, 2024.

/s/ Katherine G. Leonard Acting Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Karen T. Nakasone Associate Judge