2003-10-22 Amended Findings of Fact Conclusions of Law Order Regarding Trial on Count IV of the Fifth Amended Complaint

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The Court,having received testimonial and documentary evidence, including evidence received in the trail and burial trials,' having heard the arguments of counsel, being otherwise full Y advised in the premises, having reviewed the proposed Findings of Fact and Conclusions of Law submitted by all parties on July 30, 2003, and judging the credibility of the witnesses,hereby makes and enters the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT To the extent not expressly contradicted by these Findings of Fact,the previous Findings of Fact and Conclusions of Law filed on August 01,2001 and March 17,2003 regarding the trail and burial phases are hereby incorporated as Findings,here. If it should be determined that any of these Findings of Fact should have been set forth as Conclusions of Law,then they shall be deemed as such. Background Information. 1. Plaintiffs Walter John Kelly, Charles Ross Flaherty,Jr.,Patrick M. Cunningham and Michele Constans Wilkins(collectively"Kelly Plaintiffs")are residents of Kona, County and State of Hawaii,and utilize the ocean area offshore of and adjacent to, the land area designated b tax Y map key parcels 8-1-04:03 (portion), 7-9-12:03 (portion), 7-9-12:04 (portion), 7-9-12:05 (portion 7-9-12:11,and 7-9-6:01 ("Hokuli'a project"or"project"). 2. Plaintiff Protect Keopuka Ohana("PKO")is a Hawaii non-profit corporation, duly organized under the laws of the State of Hawaii, which include as members a coalition of Hawaiian cultural practitioners, environmental advocates and lineal descendants of persons buried on the Hokuli'a project. 'By stipulation of the parties,the Court may consider all of the evidence introduced in previous trials. the 2