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STOP RAIL NOW v. DECOSTA

No. 29354.

203 P.3d 658 (2008)

STOP RAIL NOW, a nonprofit organization; Let Honolulu Vote, a nonprofit organization; League of Women Voters of Honolulu, a nonprofit organization, Sensible Traffic Alternatives & Resources, Inc., dba Honolulu Traffic.Com, a nonprofit organization; Paul De Gracia; Paul E. Smith, Robert Kessler, Warren P. Berry; Jeremy Lam, M.D., Scott R. Wilson; Dennis Callan; and Samuel Slom, Petitioners-Plaintiffs-Appellants, v. Denise C. DeCOSTA, in her capacity as City Clerk of the City and County of Honolulu, Respondent-Defendant-Appellee.

Supreme Court of Hawai`i.

October 2, 2008.

Attorney(s) appearing for the Case

Earle A. Partington, on the motion, Honolulu, for Petitioners-Plaintiffs-Appellants.

Don S. Kitaoka, Diane T. Kawauchi, Reid M. Yamashiro, Dawn D.M. Spurlin, Deputies Corporation Counsel, on the motion, for Respondent-Defendant-Appellee.

RECKTENWALD, C.J., WATANABE and LEONARD, JJ.

AMENDED ORDER OF THE COURT DENYING APPELLANTS' EMERGENCY MOTION FOR PRELIMINARY INJUNCTION BY LEONARD, J.

On September 22, 2008, at 10:00 a.m., Petitioners-Plaintiffs-Appellants' Emergency Motion for Preliminary Injunction Directing the City Clerk to Place Petition 53 of 2008 on the November 4, 2008 General Election Ballot (ICA Motion), filed on September 15, 2008, came on for hearing before the Intermediate Court of Appeals (ICA

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