Association of Apartment Owners of Beach Villas at Ko Olina v. Browning ( 2011 )

Electronically Filed Supreme Court SCPW-10-0000244 06-JAN-2011 12:03 PM NO. SCPW-10-0000244 IN THE SUPREME COURT OF THE STATE OF HAWAI'I ASSOCIATION OF APARTMENT OWNERS OF BEACH VILLAS AT KO OLINA, a Hawaii non-profit corporation, Petitioner, vs. THE HONORABLE R. MARK BROWNING, JUDGE OF THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I, and KO OLINA DEVELOPMENT, LLC, a Delaware limited liability company, Respondents. ORIGINAL PROCEEDING (CIVIL NO. 10-1-2675-12) ORDER (By: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ. and Circuit Judge Chan, assigned by reason of vacancy) Upon consideration of petitioner AOAO Beach Villas at Ko Olina's December 28, 2010 petition for a writ of mandamus and petitioner's January 3, 2011 withdrawal of the petition, IT IS HEREBY ORDERED that the petition for a writ of mandamus is dismissed. DATED: Honolulu, Hawai'i, January 6, 2011. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Derrick H.M. Chan