2008-06-13_County_of_Hawaii_v._Coupe_Family_and_Robert_Nigel_Richards_-_Application_for_Transfer_to_the_Supreme_Court

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Supreme Court,pursuant to Rule 40.2 of the Hawaii Rules of Appellate Procedure ("HRAP") and Hawaii Revised Statutes ("HRS") § 602-58. I. REQUEST FOR TRANSFER TO THE SUPREME COURT The County requests a transfer of Respondent/Defendant-Appellant and Third-Party Plaintiff-Appellant C &J Coupe Family Limited Partnership("Coupes") appeal from the Intermediate Court of Appeals ("ICA")to the Hawaii Supreme Court. II. PRIOR PROCEEDINGS On October 9,2000,the County filed a condemnation complaint against the Coupes in Civil No. 00-1-181K. Trial Exh. J-232.1 (Record On Appeal, Civ. 00-1-181K, Volume I/ Document 00001 hereinafter referenced as "R.O.A., 00-1-181K, V.1/00001.") Resolution No. 266-00 and the October 2000 Complaint attached a survey that identified the specific parcel to be obtained comprising an area of 2.9 acres. Id. On October 10, 2000,the trial court issued an Order Putting Plaintiff in Possession in Civil No. 00-1-181K. September 27, 2007, First Amended Findings of Fact, Conclusions of Law and Order("1stAmd.FOFor COL")¶65 (R.O.A., 00-1-181K,V.41/00507 and 05-1-15K, V.27/01031). (R.O.A., 00-1-181K,V.l/00004.) On December 11, 2002, the Court entered an order in Civil No. 00-1-181K staying the order of possession until final judgment. Exh. D-126. (R.O.A., 00-1-181K, V.5/00079.) The trial court stayed the possession order on the grounds that there was a genuine issue of material fact as to public purpose related to the validity of the Development Agreement.2 Id. 1 The non jury trial commenced on July 9,2007. The trial judge assigned separate letters to each party for exhibits: J was Joint Exhibits, R was for Coupes' Exhibits,D was for Third-Party Defendant-Appellee 1250 Oceanside Partners aka Hokuli`a's("Oceanside")Exhibits,and P was for the County's Exhibits. Hereinafter,any reference to these exhibits will be as Exh.J,R,D or P. 2 See 1stAmd.FOF 65-72(R.O.A.,00-1-181K,V.41/00507 and 05-1-15K,V.27/01031);See also 7/11/02 transcript (R.O.A.,00-1-181K,V.6/T0002);9/5/02 Order Amending Order Granting County of Hawai`i's Motion for Partial 2