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.