Tierney v. State

CourtHawaii Supreme Court
DecidedFebruary 11, 2014
DocketSCPW-14-0000416
StatusPublished

This text of Tierney v. State (Tierney v. State) 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.

Bluebook
Tierney v. State, (haw 2014).

Opinion

Electronically Filed Supreme Court SCPW-14-0000416 11-FEB-2014 11:27 AM

SCPW-14-0000416

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

MICHAEL C. TIERNEY, Petitioner,

vs.

COUNTY OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING

(Civ. No. 00-1-377)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of petitioner Michael C. Tierney’s

petition for a writ of mandamus, which was filed on February 4,

2014, and the record, it appears that petitioner is not entitled

to the requested mandamus relief. Petitioner fails to

demonstrate that he has a clear and indisputable right to the

$5,000 that he requests in the petition, and has alternative

means of seeking relief. 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). Accordingly,

IT IS HEREBY ORDERED that the petition for a writ of

mandamus is denied.

DATED: Honolulu, Hawai'i, February 11, 2014.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

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Related

Kema v. Gaddis
982 P.2d 334 (Hawaii Supreme Court, 1999)

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Tierney v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tierney-v-state-haw-2014.