L 2004, c 202, §82 provides:

"SECTION 82. Appeals pending in the supreme court as of the effective date of this Act [July 1, 2006] may be transferred to the intermediate appellate court or retained at the supreme court as the chief justice, in the chief justice's sole discretion, directs."

The Lum Court, Land Use, and the Environment: A Survey of Hawai`i Case Law 1983 to 1991. 14 UH L. Rev. 119.

Court will not decide moot question. 1 H. App. 441, 620 P.2d 765.