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5. The circuit court erred because the just compensation and damages awarded to <br /> Coupes were not supported by the evidence, and are inadequate to meet federal and state <br /> constitutional standards for just compensation and damages; and <br /> 6. The circuit court erred when it did not award Coupes damages pursuant to <br /> HRS § 101-27 within ninety(90) days of the day the motion was filed as required by HRAP <br /> 4(a)(3). See Coupes' Amended Statement of Points Appellant Intends to Present on Appeal, <br /> filed April 21, 2008, at 1-2. <br /> V. STATUTORY QUALIFICATIONS FOR TRANSFER <br /> The Hawaii Supreme Court"shall" grant an application to transfer a case within the <br /> jurisdiction of the ICA when a case involves a"question of imperative or fundamental public <br /> importance." HRS § 602-58 (a). <br /> The circuit court concluded as a matter of fact that, for Civ.No. 05-1-015K,there was a <br /> long-standing, clearly demonstrated public need and purpose for the Bypass. The Coupes argue, <br /> however, among other matters,that there was no public purpose,that the taking was pretextual, <br /> and that this action should have been abated because of the filing of the first eminent domain <br /> action in Civ.No. 00-1-0181K. <br /> The County submits that the long-desired and much-needed public highway for the Kona <br /> communities raise issues of"fundamental public importance"because there is a significant and <br /> immediate need for the proposed bypass highway and the Coupes appeal is preventing the <br /> completion of bypass. In fact,the Coupes provided testimony to the County Council on <br /> Resolution 31-03 that"[w]e recognize the need for the road; and it's not our intention to deprive <br /> the public of that highway; but we see some serious shortfalls in terms of this [acquisition] <br /> agreement" (E h. D-127). Presented with no credible evidence that the Bypass will provide only <br /> 14 <br />