Opinion
SCOT-22-0000152
09-11-2023
IN THE MATTER OF CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY BASED EDUCATION SUPPORT SERVICES, APPLICATION FOR SPECIAL PERMIT APPLICATION NO. 12-000138, TMK (3)2-5-006:141; KAŪMANA, SOUTH HILO, HAWAIʻI.
APPEAL FROM THE LAND USE COMMISSION (DOCKET NO. SP21-413 (Agency Appeal))
Recktenwald, C.J., McKenna, and Eddins, JJ., Circuit Judge Browning and Circuit Judge Malinao, assigned by reason of vacancies
ORDER GRANTING MOTION TO DISMISS APPEAL
Upon consideration of Appellant Connections New Century Public Charter School's Motion to Voluntarily Dismiss Appeal (Motion), filed on June 23, 2023, the statements of no objection filed on June 26 and July 26, 2023, and the record, Appellant moves for dismissal of the appeal and states there are no costs taxable in this appeal. There has been no opposition to the Motion.
Although the Motion seeks dismissal pursuant to Hawai'i Rules of Appellate Procedure (HRAP) Rule 42(b), this appeal has not been docketed because the record on appeal has not been filed. HRAP Rule 42(a) thus applies. Accordingly, IT IS HEREBY ORDERED that the Motion is granted pursuant to HRAP Rule 42(a) and the appeal is dismissed.
IT IS FURTHER ORDERED that Cross-Appellant Jeffrey Gomes shall, within fourteen days of this order, file either: (1) a motion or stipulation to dismiss the cross-appeal; or (2) a request for transcripts pursuant to HRAP Rules 4.1(c) and 4.1(d).