Narrative Opinion Summary
The Intermediate Court of Appeals of the State of Hawaii denied the Plaintiffs-Appellees' Motion for Reconsideration of its December 30, 2009 Opinion. The motion was submitted by Maunalua Bay Beach Ohana 28, 29, and 38, non-profit corporations, on January 20, 2010. The court reviewed the motion, supporting documents, and case records before rendering its decision. Judge Nakamura concurred in the denial but expressed a separate dissent, indicating a willingness to reconsider aspects of the majority opinion not previously addressed in the appeal. The case originated from the Circuit Court of the First Circuit, with civil case number 05-1-0904. Former Associate Judge Corinne K.A. Watanabe participated in the panel prior to her retirement on December 31, 2009, with Associate Judge Alexa D.M. Fujise assigned to replace her.
Legal Issues Addressed
Judicial Dissentsubscribe to see similar legal issues
Application: Judge Nakamura concurred with the denial of the motion but expressed a separate dissent, indicating openness to reconsider certain aspects of the majority opinion.
Reasoning: Judge Nakamura concurred in the denial but expressed a separate dissent, indicating a willingness to reconsider aspects of the majority opinion not previously addressed in the appeal.
Judicial Panel Compositionsubscribe to see similar legal issues
Application: The case was initially handled by a panel including former Associate Judge Corinne K.A. Watanabe, who was replaced by Associate Judge Alexa D.M. Fujise due to retirement.
Reasoning: Former Associate Judge Corinne K.A. Watanabe participated in the panel prior to her retirement on December 31, 2009, with Associate Judge Alexa D.M. Fujise assigned to replace her.
Judicial Review Processsubscribe to see similar legal issues
Application: The court conducted a review of the motion, supporting documents, and case records before making a decision on the motion for reconsideration.
Reasoning: The court reviewed the motion, supporting documents, and case records before rendering its decision.
Motion for Reconsiderationsubscribe to see similar legal issues
Application: The court denied the Plaintiffs-Appellees' Motion for Reconsideration, submitted by non-profit corporations, indicating that the original decision stands.
Reasoning: The Intermediate Court of Appeals of the State of Hawaii denied the Plaintiffs-Appellees' Motion for Reconsideration of its December 30, 2009 Opinion.