Electronically Filed
Supreme Court
SCAP-11-0000611
27-SEP-2012
12:28 PM
NO. SCAP-11-0000611
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
PAULETTE KA#ANOHIOKALANI KALEIKINI,
Petitioner/Plaintiff-Appellant,
vs.
WAYNE YOSHIOKA, in his official capacity as Director of the City
and County of Honolulu’s Department of Transportation Services;
CITY AND COUNTY OF HONOLULU; HONOLULU CITY COUNCIL; PETER
CARLISLE, in his official capacity as Mayor; CITY AND COUNTY OF
HONOLULU DEPARTMENT OF TRANSPORTATION SERVICES; CITY AND COUNTY
OF HONOLULU DEPARTMENT OF PLANNING AND PERMITTING; WILLIAM J.
AILA, JR., in his official capacity as Chairperson of the Board
of Land and Natural Resources and state historic preservation
officer; PUA#ALAOKALANI AIU, in her official capacity as
administrator of the State Historic Preservation Division;
BOARD OF LAND AND NATURAL RESOURCES; DEPARTMENT OF LAND AND
NATURAL RESOURCES; NEIL ABERCROMBIE, in his official
capacity as Governor; and O#AHU ISLAND BURIAL COUNCIL,
Respondents/Defendants-Appellees.
(CIV. NO. 11-1-0206-01)
ORDER DENYING MOTION FOR RECONSIDERATION
(By: Recktenwald, C.J., Nakayama, and McKenna, JJ.; Circuit Judge
Browning, in place of Acoba, J., recused; and Circuit Judge
To#oto#o, in place of Duffy, J., recused)
Upon consideration of the Motion to Reconsider, Modify
and/or Clarify Opinion filed by Respondents/Defendants-Appellees
Wayne Yoshioka in his official capacity as Director of the City
and County of Honolulu’s Department of Transportation Services,
City and County of Honolulu, Honolulu City Council, Peter
Carlisle in his official capacity as Mayor, City and County of
Honolulu Department of Transportation Services, and City and
County of Honolulu Department of Planning and Permitting
(collectively “City respondents”) on September 4, 2012; the
Amicus Curiae Brief filed by Faith Action for Community Equity
and Pacific Resource Partnership on September 10, 2012; and
Petitioner/Plaintiff-Appellant’s memoranda in opposition thereto,
IT IS HEREBY ORDERED that the motion is denied.
DATED: Honolulu, Hawai#i, September 27, 2012.
Robert C. Godbey, Don S. /s/ Mark E. Recktenwald
Kitaoka, Gary Y. Takeuchi,
John P. Manaut and /s/ Paula A. Nakayama
Lindsay N. McAneeley
for City respondents /s/ Sabrina S. McKenna
David Kimo Frankel and /s/ R. Mark Browning
Ashley K. Obrey, for
petitioner /s/ Fa#auuga To#oto#o
William Meheula and
Keani Alapa for Faith
Action for Community Equity
and Pacific Resource Partnership
2
Kaleikini v. Yoshioka
Combined Opinion