Bardin v. Planning Department of the County of Kauai ( 2023 )

FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 18-OCT-2023 08:33 AM Dkt. 128 OCOR NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I ANTHONY S. BARDIN; GREG ALLEN, SR.; GREG ALLEN, JR.; THOMAS J. BROOKS; JENNIFER S. BROOKS; MICHAEL CHANDLER; KIRBY B. GUYER; MILTON SEARLES; JOHN R. HOFF TRUST; LORNA E. HOFF TRUST; MICHELE L. KAISER; TODD SCHRIM; JOHN WARK; and SHANNON WARK, Appellants-Appellants, v. PLANNING DEPARTMENT OF THE COUNTY OF KAUA#I/PLANNING COMMISSION OF THE COUNTY OF KAUA#I, KIMO KEAWE, in is official capacity as Chairperson of the Planning Commission, Appellees-Appellees APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 17-1-0181 JKW) SECOND ORDER OF CORRECTION (By: Wadsworth, J., for the court1/) The Opinion of the Court, filed on September 29, 2023, is hereby corrected as follows: On page 15, after the conclusion and to the left of the judges' signature lines, insert an attorney credit section as follows: On the briefs: Gregory W. Kugle (Damon Key Leong Kupchak Hastert) for Appellants-Appellants Maryann G. Sasaki, Deputy County Attorney, County of Kauai, for Appellees-Appellees 1/ Leonard, Presiding Judge, and Wadsworth and McCullen, JJ. FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER On page 4, footnote 3, line 5, the closing parenthesis should be regular typeface (not bolded), so that the line appears as follows: (Contracts); and (2) on April 21, 2015, ACNSN assigned the Contracts to On page 9, in the paragraph numbered "3," line 3, replace the "l" in the word "agglieved" with an "r" so that the line reads: bidder, offeror, or contractor who is aggrieved in On page 11, footnote 6, line 3, remove the first "S" in the acronym "ACSNSN" so that the line reads: ACNSN. We have found none. The supreme court has observed, however, that The clerk of the court is directed to take all necessary steps to notify the publishing agencies of these changes. DATED: Honolulu, Hawai#i, October 18, 2023. /s/ Clyde J. Wadsworth Associate Judge 2