Communication No. 2021-14- Flaherty Testimony

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Communication Number 2021-14 reacquired jurisdiction over the entire case and may now decide the issue raised by the present motion. 2. Hawai'i Rules of Civil Procedure Rule 60(b) provides in pertinent part: On motion and upon such terms that are just, the court may relieve a party......from a final; judgment, order, or proceeding for the following reasons: .....(5) ...It is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of judgment. 3. Rule 60(b) "may be utilized to seek the vacation of a judgment on the grounds that the case has been settled so that it would not be equitable to have it remain in effect....." Wright, Miller & Kane, Federal Practice and Procedure, Civil§ 2863. 4. The Court concludes it is no longer equitable that portions of the Third Amended Final Judgment, and the Orders which it incorporates, have prospective application. The parties have settled their differences regarding the Project, and the Plaintiffs have withdrawn their objections to completion of the Project given the significant changes to the Project and the benefits to the community, the culture, and the environment through the Settlement Agreement. 5. In addition, the Court concludes that vacating portions of the Third Amended Final Judgment, and the Orders which it incorporates, is in the interest of justice as the parties have agreed to follow the Court's orders as described in Paragraph 2 of the Findings of Fact. The Settlement Agreement resolves all issues pending on appeal between the Plaintiffs and Defendants 1250 Oceanside, a Hawai'i -4-