Community Associations of Hualalai v. County of Hawaii
This text of Community Associations of Hualalai v. County of Hawaii (Community Associations of Hualalai v. County of Hawaii) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCPW-16-0000700 04-NOV-2016 01:14 PM
SCPW-16-0000700 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ THE COMMUNITY ASSOCIATIONS OF HUALALAI, a Hawai#i non-profit corporation, Petitioner, vs. LEEWARD PLANNING COMMISSION, COUNTY OF HAWAI#I; and PLANNING DIRECTOR, COUNTY OF HAWAI#I, Respondents. ________________________________________________________________ ORIGINAL PROCEEDING (SPP NO. 16-000188)
ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner The Community
Associations of Hualalai’s petition for writ of mandamus, filed
on October 19, 2016, the amendment, filed on October 22, 2016,
the respective supporting documents, and the record, it appears
that petitioner is seeking identical relief in SCOT-16-0000690
and, therefore, is not entitled to the requested mandamus relief
at this juncture. See Kema v. Gaddis, 91 Hawai#i 200, 204, 982
P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary
remedy that will not issue unless the petitioner demonstrates a
clear and indisputable right to relief and a lack of alternative
means to redress adequately the alleged wrong or obtain the requested action); Barnett v. Broderick, 84 Hawai#i 109, 111,
929 P.2d 1359, 1361 (1996) (a writ of mandamus is available to
compel an official to perform a duty allegedly owed to an
individual only if the individual’s claim is clear and certain,
the official’s duty is ministerial and so plainly prescribed as
to be free from doubt, and no other remedy is available).
Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied without prejudice.
DATED: Honolulu, Hawai#i, November 4, 2016.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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