FILED NOT FOR PUBLICATION JUN 28 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

LOTHAR KUSTER, No. 08-16552 Plaintiff - Appellant, D.C. Nos. 1:07-CV-00264- SOM-BMK v. 1:07-CV-00265- SOM-BMK MICHAEL W. FOLEY, Director of District of Hawaii, Planning for the County of Maui (as an Honolulu individual); CHARLES VILLALON, Building Inspector for the County of Maui (as an individual); TY FUKUROKU, ORDER Engineer for the County of Maui (as an individual); JAY ARAKAWA, Zoning Inspector for the County of Maui (as an individual); COUNTY OF MAUI, a governmental entity, Defendants - Appellees.

Before: HAWKINS, McKEOWN and RAWLINSON, Circuit Judges.

The Memorandum Disposition filed on June 10, 2011, is amended as follows: On page 6, line 4, insert “violation” between “constitutional” and “Kuster.”