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IN RE PUBLIC UTILITIES COM'N

No. 28853.

257 P.3d 223 (2011)

125 Haw. 210

In the Matter of the PUBLIC UTILITIES COMMISSION. Instituting a Proceeding to Investigate Whether Act 59, Session Laws of Hawaii 1974, Invalidates, Voids, or Renders Unenforceable the 1961 Agreement Between the Trustees Under the Will and of the Estate of Bernice P. Bishop, Deceased; Kaiser Hawaii Kai Development Co.; and the City and County of Honolulu.

Intermediate Court of Appeals of Hawai`i.

May 31, 2011.

Attorney(s) appearing for the Case

Dorothy Sellers , Solicitor General, on the briefs, for Cross-Appellant, State of Hawaii, Steven K.S. Chung, Chanelle M. Chung.

Kent D. Morihara , Michael H. Lau , on the briefs, for Appellee, Hawaii-American Water Company.

FOLEY, Presiding Judge, FUJISE and LEONARD, JJ.

Opinion of the Court by LEONARD, J.

Respondent/Cross-Appellant State of Hawai'i (State) cross-appeals1 from the February 1, 2006 Order No. 22254 (Order No. 22254) and the October 16, 2007 Decision and Order No. 23725 (Order No. 23725) entered by Petitioner/Cross-Appellee Public Utilities Commission of the State of Hawai'i (the Commission or PUC) in an administrative proceeding.

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