Misakian v. Yonenaka

• Court: Hawaii Supreme Court
• Decided: September 29, 2025
• Docket: SCEC-25-0000459
• Status: Published

Opinion

Electronically Filed Supreme Court SCEC-XX-XXXXXXX 29-SEP-2025 10:26 AM Dkt. 14 ODSLJ

SCEC-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________

GREGORY MISAKIAN, Plaintiff,

vs.

LLOYD YONENAKA, Executive Secretary Neighborhood Commission Office, City and County of Honolulu, in his official capacity as Chief Elections Officer; DYLAN BUCK, Neighborhood Commission Office, Community Relations Specialist; and MICHAEL FORMBY, in the official capacity as Managing Director, City and County of Honolulu, Defendants. ________________________________________________________________

ORIGINAL PROCEEDING

ORDER DISMISSING COMPLAINT (By: Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens, JJ.)

On June 16, 2025, a “Complaint” was filed in this court

that contests the results of a 2025 neighborhood board election.

Plaintiff Gregory Misakian’s (Misakian) Complaint asserts we

have original jurisdiction over this election contest pursuant

to Hawaiʻi Revised Statutes (HRS) § 11-172 (Supp. 2021).

Section 11-172 of the HRS does state that, with respect to

“any election,” any candidate may file an election complaint in this court. But this court doesn’t have original jurisdiction

over any election contest.

Part XI of HRS Chapter 11, which is where HRS § 11-172 is

found, applies when “a contested election is subject to

determination by a court of competent jurisdiction in the manner

provided by law.” HRS § 11-171 (2009). The types of contested

elections subject to original determination by this court are

set forth in HRS §§ 11-173.5 (2009 & Supps. 2019 & 2024)

(applying to primary, special primary elections, and county

elections held concurrently with a regularly scheduled primary

or special primary election) and 11-174.5 (2009 & Supp. 2021)

(applying to general, special general, special, or runoff

elections). See HRS § 1-16 (2009) (“Laws in pari materia, or

upon the same subject matter, shall be construed with reference

to each other. What is clear in one statute may be called in

aid to explain what is doubtful in another.”).

A contested neighborhood board election is none of these.

See, e.g., Revised Charter of the City and County of Honolulu

§ 14-104 (stating, among other things, that the neighborhood

plan shall provide procedures for the manner of selection of

neighborhood board members); Neighborhood Plan §§ 2-17-401 to 2-

17-403 (addressing contested neighborhood board elections),

https://www.honolulu.gov/nco/wp-

2 content/uploads/sites/53/2024/03/Neighborhood_Plan_2020_Edition.

pdf [https://perma.cc/5MQB-C6AM].

It is ordered that Misakian’s Complaint is dismissed for

lack of jurisdiction.

DATED: Honolulu, Hawaiʻi, September 29, 2025.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Vladimir P. Devens