Alpha, Inc. v. Board of Water Supply

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
31-JAN-2024
08:09 AM
Dkt. 83 ODMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

ALPHA, INC., Petitioner-Appellant-Appellant, v.
BOARD OF WATER SUPPLY, CITY AND COUNTY OF
HONOLULU, Respondent-Appellee-Appellee, and
BEYLIK/ENERGETIC A JV, Intervenor-Appellee-Appellee,
and OFFICE OF ADMINISTRATIVE HEARINGS,
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS,
STATE OF HAWAII, Appellee-Appellee,

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER DENYING MOTION FOR RECONSIDERATION
(By: Leonard, Acting C.J., and Wadsworth and Nakasone, JJ.)

Upon consideration of the motion for reconsideration
and clarification of opinion affirming circuit court (Motion for
Reconsideration), filed on January 8, 2024, by Respondent-
Appellee-Appellee Board of Water Supply, City and County of
Honolulu (BWS), the papers in support, and the record, it appears
that:
(1) BWS seeks clarification and/or reconsideration of
this court's Opinion, filed on December 29, 2023;
(2) BWS does not present new evidence or arguments
that could not have been presented in its answering brief, filed
on March 15, 2023, see Citizens for Equitable & Responsible Gov't
v. Cnty. of Hawai#i, 108 Hawai#i 318, 335, 120 P.3d 217, 234
(2005); and
(3) BWS presents no point of law or fact that this
court overlooked or misapprehended. See Hawai#i Rules of
Appellate Procedure Rule 40(b).
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the Motion for
Reconsideration is denied.

DATED: Honolulu, Hawai#i, January 31, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Karen T. Nakasone
Associate Judge

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