Kon v. State

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
17-MAR-2025
08:03 AM
Dkt. 79 ODMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

ANNAMARIE KON; MARTHA HARDEN and GENE LANG THOMAS,
Plaintiffs-Appellants, v.
STATE OF HAWAIʻI, DEPARTMENT OF HEALTH;
PUNA GEOTHERMAL VENTURE, a Hawaiʻi general partnership,
Defendants-Appellees, and JOHN DOES 1-10, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 3CCV-XX-XXXXXXX)

ORDER DENYING MOTION FOR RECONSIDERATION
(By: Leonard, Acting Chief Judge, Nakasone and McCullen, JJ.)

Upon consideration of Defendant-Appellee Puna

Geothermal Venture's March 10, 2025 Motion for Reconsideration

or Clarification of this court's February 28, 2025 Summary

Disposition Order and Request for Judicial Notice (collectively

Motion), the papers in support, and the record, and noting

Defendant-Appellee State of Hawai‘i Department of Health's

joinder in the Motion, it appears Puna Geothermal has not shown

a point of law or fact that this court overlooked or
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

misapprehended in the February 28, 2025 Summary Disposition

Order. See Hawai‘i Rules of Appellate Procedure Rule 40(b).

Therefore, IT IS ORDERED that the Motion is denied.

DATED: Honolulu, Hawai‘i, March 17, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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