NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 28-FEB-2025 08:08 AM Dkt. 61 OGMD

NO. CAAP-XX-XXXXXXX

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

HO‘OPONOPONO O MĀKENA, a non-profit corporation; MAUI TOMORROW FOUNDATION, a non-profit corporation; and MĀLAMA KAKANILUA, a non-profit corporation, Plaintiffs-Appellants, vs. MAUI PLANNING COMMISSION; COUNTY OF MAUI; and H2R, LLC, a limited liability company, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 2CCV-XX-XXXXXXX)

ORDER (By: Leonard, Acting Chief Judge, Nakasone and McCullen, JJ.)

Upon consideration of the Joint Motion to Dismiss Appeal with Prejudice filed on February 14, 2025 (Motion), by Plaintiffs-Appellants Ho‘oponopono O Mākena, Maui Tomorrow NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Foundation, and Mālama Kakanilua's (Appellants), which the court construes as Appellants' motion to dismiss, the papers in support, and the record, it appears that: (1) the appeal has been docketed; and (2) no opposition to the motion has been filed.

IT IS HEREBY ORDERED that the Motion is granted, and the appeal is dismissed with prejudice pursuant to Hawai‘i Rules of Appellate Procedure Rule 42(b). The parties shall bear their own attorney's fees and costs on appeal.

DATED: Honolulu, Hawai‘i, February 28, 2025.

/s/ Katherine G. Leonard Acting Chief Judge /s/ Karen T. Nakasone Associate Judge /s/ Sonja M.P. McCullen Associate Judge