2008-06-13_County_of_Hawaii_v._Coupe_Family_and_Robert_Nigel_Richards_-_Application_for_Transfer_to_the_Supreme_Court

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On January 28, 2005,the County filed its second condemnation action against the Coupes in Civil No. 05-1-15K. Exh. J-242. Resolution 31-03 and the January 2005 Complaint both attached a survey that identified the specific parcel to be obtained comprising an area of 3.348 acres. 1stAmd.FOF¶85-¶102.3 (R.O.A., 00-1-181K, V.41/00507 and 05-1-15K, V.27/01031.) On February 7, 2005,before the Coupes were served with the Complaint in Civil No. 05- 1-15K, the Coupes filed a Motion to Dismiss or in the Alternative to Consolidate. (R.O.A., 05-1- 15K,V.1/00702.) On March 31, 2005, the Court entered its order consolidating Civil No. 00-1-181K and Civil No. 05-1-15K. lstAmd.FOF¶88. (R.O.A., 00-1-181K, V.41/00507 and 05-1-15K, V.27/01031.) The pleadings pending at the time of trial were: (a) County's Complaint in Civil No. 00-1-181K filed on October 9, 2000, and First Amended Complaint in Civil No. 05-1-15K filed on January 11, 2007; (b) Coupes' Second Amended Counterclaim and First Amended Third-Parry Complaint in Civil No. 00-1-181K filed on December 7, 2005, and Counterclaim and Cross-Claim in Civil No. 05-1-15K filed on February 12, 2007, both of which included claims for abatement; and (c) County, Coupes and Oceanside's answers to these pleadings. The consolidated non jury trial of Civil No. 00-1-181K and Civil No. 05-1-15K was held on July 9-12, 16-20, 23, 25-27, 30-31 and August 2, 2007, before the Honorable Ronald lbarra. Summary Judgment as to Defendants/Counterclaimants' Sixth and Seventh Affirmative Defenses and First Claim for Relief Asserted in the Answer and Counterclaim Filed January 24,2001 (R.O.A.,00-1-181K,V.3/00056); 12/10/02 transcript (RO.A.,00-1-181K,V.6/T0003);and 12/11/02 Order Granting Defendants'/Counterclaimants' Motion to Vacate Order Putting Plaintiff in Possession,or in the Alternative for a Stay on the Order Putting Plaintiff in Possession Until Final Judgment Filed November 27,2002(R.O.A.,00-1-181K,V.5/00079). 3 Deputy Corporation Counsel Gerald Takase testified that the three-year delay in filing this complaint was because the County wanted to resolve the Kelly case,Civil No.00-1-0192K,before proceeding further in what became Civil No. 05-1-015K. Test Takase(7116107pm,pp.51-52)(Supplemental Records on Appeal("S.R.O.A.")00-1-0018K, V.43/T0007,and 05-1-15K,V.30/T0007). 3