2009-04-21_County_of_Hawaii_v_Coupe_Family_and_Robert_Nigel_Richards_Opinion_of_the_Supreme_Court_by_Justice_Acoba

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***FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER` Condemnation l . " Id. at 361, 364 , 198 P. 3d at 624 , 627 . On January 20, 2009, Appellant filed its Request for Statutory Damages (the Request) and memorandum in support . The County filed its Memorandum in Opposition to Appellant' s Request for Statutory Damages on January 30, 2009 (Opposition) . Third-Party Defendant-Appellee 1250 Oceanside Partners (Oceanside) joined the County' s Opposition and also filed a separate memorandum in opposition to the Request on January 30, 2009 . On February 19, 2009, pursuant to this court' s February 9, 2009 order, Appellant filed its Responses to Objections re : Request for Statutory Damages (the Response) . The County filed a reply to the Response on March 2, 2009 (Reply) , in which Oceanside joined on March 2, . . .continued) been sustained by the defendant by reason of the bringing of the proceedings and the possession by the plaintiff of the property concerned if the possession has been awarded including the defendant' s costs of court, a reasonable amount to cover attorney's fees paid by the defendant in connection therewith, and other reasonable expenses; and the possession of the property concerned shall be restored to the defendant entitled thereto. Issues of fact arising in connection with any claim for such damage shall be tried by the court without a jury unless a trial by jury is demanded by either party, pursuant to the rules of court, within ten days from the date of the entry of an order or judgment allowing the discontinuance of the proceedings, or dismissing the proceedings or denying the right of the plaintiff to take the property concerned for public use. In the event judgment is entered in favor of the defendant and against the plaintiff, any moneys which have been paid, and any additional security which has been furnished, by the plaintiff to the clerk of the court under sections 101-28 and 101-29, shall be applied or enforced toward the satisfaction of the judgment. In the case of the State or a county, if the moneys so paid to the clerk of the court are insufficient, then the balance of such judgment shall be paid from any moneys available or appropriated for the acquisition of the property concerned, or if that is insufficient then the same shall be paid from the general fund of the State or county, as the case may be. (Emphases added. ) 3