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***FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER*** <br /> ROBERT NIGEL RICHARDS, TRUSTEE UNDER THE MARILYN <br /> SUE WILSON TRUST; MILES HUGH WILSON; JOHN DOES 1-100; <br /> JANE DOES 1-100; DOE PARTNERSHIPS 1-100; DOE <br /> CORPORATIONS 1-100; DOE ENTITIES 1-100; and <br /> DOE GOVERNMENTAL UNITS 1-100, Defendants <br /> (CIV. NO. 05-1-015K) <br /> NO. 28822 <br /> DEFENDANT-APPELLANT' S REQUEST FOR STATUTORY DAMAGES <br /> (CIV. NOS . 00-1-0181K; 05-1-015K) <br /> APRIL 21, 2009 <br /> MOON, C. J. , NAKAYAMA, ACOBA, DUFFY, JJ. , AND <br /> CIRCUIT JUDGE CHAN, ASSIGNED BY REASON OF VACANCY <br /> OPINION OF THE COURT BY ACOBA J. <br /> In County of Hawaii v. C&J Coupe Family Ltd_ <br /> Partnership, 119 Hawaii 352, 198 P. 3d 615 (2008) , issued on <br /> December 24, 2008, this court held that Defendant-Appellant C&J <br /> Coupe Family Limited Partnership (Appellant) "is entitled to seek <br /> statutory damages [from Plaintiff-Appellee County of Hawaii (the <br /> County) ] pursuant to [Hawai`i Revised Statutes (HRS) ] 101-27 <br /> (1993) because it prevailed in [Civil No . 00-1-181K (Condemnation <br /> 1) ] , " and "the property in question was not finally taken in <br /> HRS § 101-27 provides in its entirety that <br /> [w]henever any proceedings instituted under [HRS chapter <br /> 101] are abandoned or discontinued before reaching a final <br /> judgment, or if, for any cause, the property concerned is <br /> not finally taken for public use, a defendant who would have <br /> been entitled to compensation or damages had the property <br /> been finally taken, shall be entitled, in such proceedings <br /> to recover from the plaintiff all such damage as may have <br /> (continued. . . ) <br /> 2 <br />