2008-06-13_County_of_Hawaii_v._Coupe_Family_and_Robert_Nigel_Richards_-_Application_for_Transfer_to_the_Supreme_Court

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damages (beyond amounts awarded for just compensation)but rather is within the discretion of the trial court; and (2)the trial court did not abuse its discretion because (a) even if the Court's condemnation order in Civil No. 05-1-15K is reversed on appeal, the County would not likely be required to physically restore the property because the County would simply file another condemnation action(on the grounds that the public necessity for the road, the best location and the physical needs for construction, maintenance and operation compel the County to acquire the property), and(b)the Coupes did not present any evidence that the County would not be in a financial position to restore the property if ordered to do so. (R.O.A., 00-1-181K, V.42/00535, and 05-1-15K,V.29/01056.) The Coupes did not file a reply memorandum regarding the Motion to Vacate Possession Order. On February 8, 2008,the Coupes filed their Notice of Appeal in Civil No. 00-1-181K of the denial of the Motion for Statutory Damages on the grounds that the trial court is deemed to have denied the motion by not ruling on it within 90 days pursuant to HRAP 4(a)(3). (S.R.O.A., 00-1-181K, V.43/00542, and 05-1-15K,V.30/01063.) On March 13,2008,the trial court entered its order denying the Motion to Vacate Possession Order on the grounds that: (1)the motion was untimely under HRCP Rule 59; (2) even if the motion was timely under HRCP Rule 62, no additional amount is needed to cover any further damage in the event that this issue is reversed on appeal because the County can file another condemnation action; and(3)there is no dispute that the County would not have the financial ability to pay any additional damages. (S.R.O.A., 00-1-181K,V.43/00548, and 05-1- 15K, V.30/01069.) On March 31, 2008, the Coupes filed, with the Intermediate Court of Appeals, a Motion to Vacate Order Putting [the County] in Possession Pending Appeal and Accounting for 9