Communication No. 2021-14- Flaherty Testimony

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Communication Number 2021-14 judgment "whenever that action is appropriate to accomplish justice." In Re Hana Ranch Co., 3 Haw.App. 141 , 642 P.2d 938 (1982). However, based on the findings of facts and conclusion of law set forth above, the Court finds that justice will best be served by vacating portions of the Third Amended Final Judgment entered August 27, 2004. ORDER 1. IT IS HEREBY ORDERED that the Joint Rule 60(b) Motion to Partially Vacate Third Amended Final Judgment Dated August 27, 2004 is GRANTED. 2. IT IS FURTHER ORDERED that, pursuant to Rules 60(b)(5) and (6) of the Hawai'i Rules of Civil Procedure, portions of the Court's Third Amended Final Judgment dated August 27, 2004, and portions of the Orders incorporated therein, are hereby vacated, insofar as they relate to Count IV of the Fifth Amended Complaint_' In The Court hereby vacates the following Orders(including findings of fact,conclusions of law and orders) all of which deal with land use issues,except that the Court does not vacate these portions of the following Orders which address whether the County approval of the Members Lodge constituted"spot zoning"(the spot zoning findings,conclusions and orders are to remain unchanged): a. "Order Granting in Part and Denying in Part Plaintiffs Motion for Partial Summary Judgment Re:HRS Chapter 205 [Count IV in the Fifth Amended Complaint]Filed October 12, 2001," filed April 5, 2002, (as supplemented by "Order Denying Defendant 1250 Oceanside Partners' Motion for Reconsideration of Order Granting in Part and Denying in Part Plaintiffs' Motion for Partial Summary Judgment Re: HRS Chapter 205 [Count IV in the Fifth Amended Complaint] Filed October 12, 2001"and"Order Denying Defendant 1250 Oceanside Partners' Motion to Dismiss or in the Alternative for Partial Summary Judgment on Count IV of the Third Amended Complaint[Count IV of the Fifth Amended Complaint']" filed October 1,2002, b. "Order Denying Defendant 1250 Oceanside Partners'Motion to Dismiss or in the Alternative for Partial Summary Judgment on Count IV of the Third Amended Complaint [Count IV of the Fifth Amended Complaint] Filed October 12,2401," filed April 5,2002. C. "Order Denying Defendants Christopher Yuen,in his official capacity as the Planning Director for the County of Hawaii,Dennis Lee in his capacity as the Chief Engineer, County of Hawaii,and County of Hawaii's Motion for Summary Judgment as to Count IV [Count IV of the Fifth Amended Complaint]Filed October 12,2001; Order Denying Defendant 1250 Oceanside Partners' Joinder in Defendants Christopher Yuen, in his official capacity -6-