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KALEIKINI v. YOSHIOKA

No. SCAP-11-0000611.

304 P.3d 252 (2013)

129 Haw. 454

Paulette Ka`anohiokalani KALEIKINI, Petitioner/Plaintiff-Appellant, v. 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; Kirk Caldwell, 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.

Supreme Court of Hawai`i.

Reconsideration Denied May 17, 2013.

Attorney(s) appearing for the Case

David Kimo Frankel , Honolulu, and Ashley K. Obrey , for petitioner.

William J. Wynhoff , for State respondents.

Robert C. Godbey , Honolulu, Don S. Kitaoka , Gary Y. Takeuchi , John P. Manaut , Honolulu, and Lindsay N. McAneeley , for City respondents.

William Meheula , Honolulu, and Keani Alapa , for amicus curiae.

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.

Opinion of the Court by RECKTENWALD, C.J.

Paulette Ka`anohiokalani Kaleikini requests that this court award $255,158.00 in attorney's fees and $2,510.24 in costs against City and State defendants1 for work performed in the trial court and on appeal in relation to Kaleikini v. Yoshioka, 128 Haw. 53, 283 P.3d 60 (2012). For the reasons set forth below, we grant in...

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