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COM 0163.012 2010-2012
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COM 0163.012 2010-2012
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Last modified
4/16/2021 1:23:46 PM
Creation date
9/6/2011 9:17:05 AM
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Communications
Communications - Type
COM
Communications - Council Term
2010-2012
Communication
0163
Point
012
Author
Karen Guerreiro
Communications - Referred To
COUNCIL
Document Relationships
REP PC 024 07/06/2011 2010-2012
(Related)
Path:
\Council Records\Reports\2010-2012\Planning Committee (PC)
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VP &PK (ML) LLC v. August (Order) <br />tie Traditions, Inc., Christine Wong and Frederick Wong and the papers it appears order denying support, � PPS � the June 4, <br />r�'ing dismissal of Counts I and II for fai1ure to join indispensable parties is the subject ofa <br />pending motion for reconsideration. If reconsideration ofthe June 4, 2008 order is denied and if declaratory and <br />injunctive reliefis granted on Counts I and II, the June 4, 2008 order writ be reviewable on a appeal from a final <br />judgment on Counts 1 and 11. <br />It further appears that petitioners Christine Wong and Frederick Wong have actual knowledge ofthe pending <br />litigation on Counts I and II, they are property owners whom the respondent judge considers to be interveners of <br />right on Counts I and II, they can timely intervene on Counts I and II, and they can appeal from any adverse final <br />judgment on Counts I and II and seek a stay of such judgment pending appeal p to HRAP 8. Likewise, <br />all other petitioners, as parties to Civil No. 07 -1 -0258, can appeal from any adverse final judgment on Counts I <br />and 11 and can seek a stay of such judgment pending appeal Therefore, petitioners Christine Wong Frederick <br />Wong, and all other petitioners are not entitled to mandamus relief See Kema v. Gaddis, 91 Hawaii 200, 204- <br />05, 982 P.2d 334, 338 -39 (1999) (A writ ofmandamus is an extraordinary <br />petitioner demonstrates a clear and indisputable ' � w� not issue unless the <br />pet adequately the alleged p to relief and a lack of alternative means to redress <br />ged wrong or obtain the requested action. Such writs are not intended to supersede the legal <br />discretionazy authority ofthe lower courts, nor are they intended to serve as legal remedies in lieu of normal <br />appellate procedures.). Our standard for a writ ofmandamus cited in Hawaii Nat. Bank, Honolulu v. Okino, 51 <br />Haw. 367, 368, 461 P.2d 136, 137 (1969) was based onHRS § 659 -2 (1968) that was repealed in 1972. <br />It finally appears that petitioners Christine Wong Frederick Wong, and all other petitioners do not have standing <br />to seek feather mandannus relief on behalf of other unnamed petitioners. Accordingly <br />IT IS HEREBY ORDERED that the petition for a writ ofmandamus is denied. <br />DATED: Honolulu, Hawaii, July 8, 2008. <br />ate.hi.usrud /opinions /.../2g217ord.htm <br />2/2 <br />
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