Opinion
No. 26178.
September 28, 2007.
Appeal from the First Circuit Court (CIV. No. 02-1-1001).
Mark J. Bennett, Attorney General, State of Hawai'i, Clyde Wm. Matsui, and Archie T. Ikehara, for Defendant-Appellee/Cross-Appellant, on the motion.
NAKAYAMA, ACOBA, JJ., and Circuit Judge TOWN, in Place of DUFFY, J., recused; and MOON, C.J., dissenting, With Whom LEVINSON, J., Joins.
ORDER DENYING MOTION FOR RECONSIDERATION
Defendant-Appellee/Cross-Appellant State of Hawaii's motion for reconsideration filed on August 13, 2007, requesting that this court review its opinion filed on July 23, 2007, is hereby denied.
Dissent by MOON, C.J., In Which LEVINSON, J., Joins.
I would grant reconsideration with respect to the State's contentions that Act 100 does not violate article XVI, section 2 of the Hawai'i Constitution as discussed in my dissenting opinion.