Electronically Filed

Supreme Court

SCWC-30110

17-JUL-2013

09:40 AM

NO. SCWC-30110

IN THE SUPREME COURT OF THE STATE OF HAWAI'I _________________________________________________________________

RICHARD NELSON III, KALIKO CHUN, JAMES AKIONA, SR., SHERILYN ADAMS, KELII IOANE, JR., and CHARLES AIPIA (deceased),

Respondents/Plaintiffs/Appellants,

vs. HAWAIIAN HOMES COMMISSION, THE DEPARTMENT OF HAWAIIAN HOME LANDS, JOBIE MASAGATANI, in her official capacity as Chair of the Hawaiian Homes Commission, IMAIKALANI P. AIU, PERRY ARTATES,

LEIMANA K. DAMATE, GENE ROSS DAVIS, JEREMY KAMAKANEOALOHA

HOPKINS, MICHAEL P. KAHIKINA, IAN LEE LOY, and

RENWICK V. I. TASSILL, in their official capacities

as members of the Hawaiian Homes Commission,

Respondents/Defendants/Appellees,

and KALBERT K. YOUNG, in his official capacity as the State Director

of Finance, and the STATE OF HAWAI'I,

Petitioners/Defendants/Appellees. _________________________________________________________________

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(ICA NO. 30110, CIVIL NO. 07-1-1663-08)

ORDER DENYING MOTION FOR RECONSIDERATION

(By: Recktenwald, C.J., Nakayama, and McKenna, JJ.; with

Pollack, J., concurring, and with Acoba, J., dissenting)

Upon consideration of the Motion for Reconsideration filed by Respondents/Plaintiffs/Appellants Richard Nelson III, Kaliko Chun, James Akiona, Sr., Sherilyn Adams, and Kelii Ioane, Jr., on July 8, 2013, together with the Opinion, and the records and files in this case, and having fully considered the arguments set forth in the Motion,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai'i, July 17, 2013. Alan T. Murakami and /s/ Mark E. Recktenwald Camille K. Kalama for respondents /s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

CONCURRENCE BY POLLACK, J.

I concur in the denial of the Motion for Reconsideration for the reasons stated in my concurring opinion.

/s/ Richard W. Pollack

DISSENT BY ACOBA, J.

I respectfully dissent and would grant the motion for reconsideration.

/s/ Simeon R. Acoba, Jr.

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