record below demonstrated the existence of genuine issues of material fact and by opposition of Plaintiffs. In the State of Washington v. Charles Ellis and John Ward, 22 W 129, "The Constitutional provision that the right of trial by jury shall remain inviolate..." For these additional reasons, the Motion for Summary For the reasons set forth above, it is respectfully submitted that the Decision and Order granting Summary Judgment and the Order denying Plaintiffs Motion for Reconsideration and to Alter or Amend Judgment should be reversed, and this case should be remanded for further proceedings by a trial by jury in this action. DATED: Kapaa, Hawaii, May 25 198.8 Respectfully submitted: Hannel HAROLD U. JIM 1. 2. 3. 4. FOOTNOTES U.S. Congress, Statehood for Hawaii, 1947, Statement of C. Girard Davidson, Assistant Secretary, Department of the Interior, and Herbert J. Slaughter, Chief, Legislative Division, Office of Solicitor, Department of the Interior, Washington, D.C. G.P.0., p. 266. Lorrin A Thurston (Editor), The Fundamental Laws of Hawaii, Ibid, p. 251. V. Carl Bloede, Public Lands as a Public Trust, Honolulu, Legislative Reference Bureau, Reg. No., 9622, 1962 pp. 9-10. ORDER DENYING MOTION FOR RECONSIDERATION AND TO ALTER OR AMEND JUDGMENT The Motion for Reconsideration and to Alter or Amend Judgment filed by Plaintiffs was heard by the Court on Tuesday, January 19, 1988. Plaintiffs were present and the Defendant was represented by its attorney, Robert Bruce APPENDIX "A" I do hereby certify that the within document is & fuil, true and currect copy of the original on file in this offics. Whilded At Wee Clerk. Croat Court, Fifth Circuit Graham, Jr. The Court read and considered Plaintiffs' and to Alter or Amend Judgment is denied. IT IS FURTHER ORDERED that because Plaintiffs' Motion for Reconsideration and to Alter or Amend Judgment was timely filed pursuant to Rule 59(e) of the Hawaii Rules of Civil Procedure and was considered by this Court as a motion to alter or amend the Order Granting Summary Judgment and Summary Judgment entered herein on December 22, 1987, Plaintiffs shall have thirty (30) days from the entry of this Order within which to appeal the Summary Judgment previously entered and/or this Order, all provided in Rule 4(a)(4) of the Hawaii rules of Appellate Procedure. as The Motion for Summary Judgment filed herein by Defendant THE EPISCOPAL CHURCH IN HAWAII, formerly known as The Protestant Episcopal Church in the Hawaiian Islands ("Defendant CHURCH"), was heard by the Honorable Kei Hirano, Judge of the above-entitled Court, in his courtroom in Lihue, Hawaii, on Tuesday, December 22, 1987.du hereby certify that the within document le « 10%, true and correct copy of the originalan file in this office. APPENDIX "B" Clerk, Cirouit Court Ft Circuit |