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

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 16-JUN-2025 08:49 AM Dkt. 168 OCOR NOS. CAAP-XX-XXXXXXX

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

DAVID KIMO FRANKEL, Plaintiff-Appellant, v. BOARD OF LAND AND NATURAL RESOURCES, DEPARTMENT OF LAND AND NATURAL RESOURCES AND RESORTTRUST HAWAII LLC, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CC181001959)

ORDER OF CORRECTION (By: Hiraoka, J.)

IT IS HEREBY ORDERED that the Opinion of the court, filed on January 29, 2025 (docket no. 153) in the above case is corrected as follows: On page 6 of the Opinion by Hiraoka, J. Concurring in Part and Dissenting in Part, first full paragraph, line 4, change the apostrophe (') to an #okina (#) so those lines are corrected to read, "That "is a question of law, and will be reviewed de novo." Kia#i Wai v. Dep't of Water, 151 Hawai#i 442, 454, 517 P.3d 725, 737 (2022)." On page 6 of the Opinion by Hiraoka, J. Concurring in Part and Dissenting in Part, first full paragraph, line 8, delete FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER the #okina in Kaua#i Springs so the line is corrected to read, "Id. at 455, 517 P.3d at 738 (quoting Kauai Springs, 133 Hawai#i at 164, 324 P.3d at 974)." The Clerk of the Court is directed to take all necessary steps to notify the publishing agencies of this change.

DATED: Honolulu, Hawai#i, June 16, 2025.

/s/ Keith K. Hiraoka Associate Judge