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`Vest Hawaii Today - Local > County seeks swift ruling on bypass road issue Page 2 of 4 Las Vegas Review- delegation of authority to the developer, Judge Ronald Ibarra in the same Sept. Journal 27 decision upheld the county's second attempt to take the land. g In January, the Coupes unsuccessfully challenged Ibarra's decision, and then advertisement filed the appeal in the Intermediate Court, arguing, among other things, that Hokulia has twice been quoted in newspaper stories that it would be better for r + J r the developer and the county to wait until all claims have been settled before construction is resumed. Hawaii County Mayor Harry Kim has assured Hokulia that the county is willing to assume all risks associated with a "remote" possibility that the Coupes will prevail during the appeal. Best of The Coupes also argue a Hawaii County Council resolution also proved the county does not intend to wait for the appeals to be exhausted. Introduced by Find ou Hilo Councilman Stacy Higa, the resolution says the county should not wait for said is t the developer but instead build the short stretch itself and then allow Hokulia to Hawaii. complete the remainder of the highway. eat, sta, d e According to the Coupes, Circuit Court should have dismissed the second condemnation since the law prohibits two condemnations from taking place at the same time. According to the argument, the doctrine of abatement requires the dismissal of the second lawsuit when the cause and relief are the same. Flatter r ; } I In addition, the Coupes have argued that vacating the order of possession will I : , r preclude the county from having to "put Humpty Dumpty back together again." M21- 195 • _ They claim that blasting, grading and road construction would cause such Stock Index irreparable damage that it will be difficult and expensive to restore it to its original condition. Without a bond by the county or Hokulia, there would be no adequate remedy in case the Intermediate Court throws out the condemnation. '.Enter symbo Gat Cluote - Contac Symbol Lookup represe NSDO NYSE S&P 500 r. E Mort •'j~^_----; z..t; ,'.Rate Story u- nr- Current Rating: 0 of 0 Rate File: Kailua votes! Select Rating: tr. flu i z ~ a ~ u NSDQ 2315.12 -33.64 (-1.43%) NYSE 9058.52 '`Comments - -92.11 (-1.01%) You are now in the public comment zone: What follows is not our product; it is generated by Maps, V S&P 500 1351.91 other people, we do not vouch for it. By using this Web site you agree to accept our Rules of -1163 (-1.00%) Engagement. tours, a AMEX 2259.01 -1168 (-0.60%) If you feel another user's post is in violation of the Rules of Engagement. please click the RUS 2K 698.40 "Report Abuse" link beneath the user's post to report the violation. Reports will be monitored -13.52 (-1.90%) during regular business hours. Crude Oil 111.07 +2.57 (+2.37%) THE NEWSROOM STAFF DOES NOT POST COMMENTS OR RESPOND TO EXISTING 30YR Yield 4.30 COMMENTS ON THESE BLOGS. -0.05 (-1.15%) Quote: de,ayed at least 20 mine. Advertisement Market Summary v- - - - Market Movers JI.y.,~, - Subs,Drahe for 2 months... ' ~ ~ get the 3rd month FREE! My Watchlistu There are 5 comment(s) comments to this story. http://www.westhawaiitoday.com/articles/2008/04/08/local/loca107.txt 4/9/2008