                                                      Electronically Filed
                                                      Supreme Court
                                                      SCOT-17-0000811
                                                      12-JAN-2018
                                                      02:34 PM


                         SCOT-17-0000811

           IN THE SUPREME COURT OF THE STATE OF HAWAI#I
_________________________________________________________________

            IN THE MATTER OF CONTESTED CASE HEARING RE
      CONSERVATION DISTRICT USE APPLICATION (CDUA) HA-3568
     FOR THE THIRTY METER TELESCOPE AT THE MAUNA KEA SCIENCE
    RESERVE, KA#OHE MAUKA, HAMAKUA, HAWAI#I, TMK (3)404015:009
_________________________________________________________________

       APPEAL FROM THE BOARD OF LAND AND NATURAL RESOURCES
                 (BLNR-CC-16-002 (Agency Appeal))

           ORDER GRANTING MOTION TO SET ASIDE DISMISSAL
                  FOR NON-PAYMENT OF FILING FEES
 (By: Recktenwald, C.J., McKenna, Pollack, and Wilson, JJ., and
  Circuit Judge Castagnetti, in place of Nakayama, J., recused)

          Upon consideration of Temple of Lono’s motion to set
aside the order dismissing the appeal for non-payment of the
filing fees, filed on January 8, 2018, the documents attached
thereto and submitted in support thereof, and the record, it
appears that good cause exists for the untimely payment of the
filing fees, which was received by the appellate clerks’ office
on January 11, 2018. Accordingly,
          IT IS HEREBY ORDERED that the motion is granted. The
January 4, 2018 order dismissing the appeal for non-payment of
the filing fees is set aside, and the appeal is reinstated.
          DATED: Honolulu, Hawai#i, January 12, 2018.


                              /s/   Mark E. Recktenwald
                              /s/   Sabrina S. McKenna
                              /s/   Richard W. Pollack
                              /s/   Michael D. Wilson
                              /s/   Jeannette H. Castagnetti
