430 P.3d 425 (Hawaii 2018), SCOT-17-0000777, In re Conservation District Use Application (CDUA) HA-3568
|Citation:||430 P.3d 425, 143 Hawaii 327|
|Party Name:||In the MATTER OF Contested Case Hearing Re CONSERVATION DISTRICT USE APPLICATION (CDUA) HA-3568 for the Thirty Meter Telescope at the Mauna Kea Science Reserve, KaOhe Mauka, Hā mā kua, Hawaii, TMK (3)404015:009|
|Judge Panel:||(By: Recktenwald, C.J., McKenna, J., and Circuit Judge Castagnetti, in place of Nakayama, J., recused, with Pollack, J., concurring and dissenting separately, and with Wilson, J., concurring and dissenting separately)|
|Case Date:||November 29, 2018|
|Court:||Supreme Court of Hawai'i|
This disposition is referenced in the Pacific Reporter. See Haw. R. App. P. 35.
APPEAL FROM THE BOARD OF LAND AND NATURAL RESOURCES, (BLNR-CC-16-002 (Agency Appeal) )
(By: Recktenwald, C.J., McKenna, J., and Circuit Judge Castagnetti, in place of Nakayama, J., recused, with Pollack, J., concurring and dissenting separately, and with Wilson, J., concurring and dissenting separately)
[143 Hawaii 328] ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR RECONSIDERATION
Upon consideration of the motion for reconsideration filed on November 19, 2018 by Petitioners-Appellants Mauna Kea Anaina Hou and Kealoha Pisciotta, Clarence Kukauakahi Ching, Flores-Case Ohana, Deborah J. Ward, Paul K. Neves, and KAHEA: The Hawaiian Environmental Alliance; the declaration in support thereof; the joinders thereto; and the record and files herein,
IT IS HEREBY ORDERED that the motion for reconsideration is granted in part and denied in part. The motion is granted in part to delete footnote 15.
IT IS HEREBY FURTHER ORDERED that the motion for reconsideration is granted in part to modify footnote 17 to read as follows: The Kihoi Appellants allege in Point of Error B(2) that the BLNR erred by stating that Article XII, Section 7 does not protect contemporary Native Hawaiian cultural practices. The record reflects, however, that the BLNR appropriately took into account contemporary (as well as customary and traditional) Native Hawaiian cultural practices, finding and concluding that none were taking place within the TMT...
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