Opinion
24485
July 9, 2003.
MOTION FOR RECONSIDERATION (CIVIL. NO. 01-1-0776)
Carl M. Varady and Eric K. Yamamoto, special counsel for the Hawai`i Civil Rights Commission (HCRC), for the defendants-appellants, HCRC and William D. Hoshijo, in his official capacity as Executive Director of the HCRC, on the motion.
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR RECONSIDERATION (By: Moon, C.J., Levinson and Nakayama, JJ.
The motion for reconsideration filed on June 30, 2003 by the defendants-appellants Hawai`i Civil Rights Commission (HCRC) and `William D. Hoshijo, in his official capacity as Executive Director of the HCRC, requesting that this court review its published opinion, filed on June 18, 2003, is hereby granted in part and denied in part. The motion is granted to the extent that the passage "may decide in favor of the respondent on the merits, thereby ending the matter. . . ." on page 29 of the opinion is amended simply to read "may decide in favor of the respondent on the merits. . . ." The motion for reconsideration is denied in all other respects.The Clerk of the Court is directed to incorporate the foregoing change in the original opinion.
Justice Acoba, having dissented from the majority opinion, would grant the motion for reconsideration but on the grounds set forth in his dissent.