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 October 31, 2007,the County filed its Memorandum in Opposition to the Motion for Statutory Damages wherein it argued that HRS § 101-27 does not apply because the property was finally taken for public use where the Coupes were awarded just compensation for the property. (R.O.A., 00-1-181K,V.42/00519, and 05-1-15K,V.29/01043.) The opposition memorandum noted that"[a]lthough the first case sought to condemn 2.9 acres and the second case sought to condemn 3.348 acres, the 2.9 acres was physically within the 3.348 acres. Thus, the same 2.9 acres that was the subject of the first case,was condemned in the second case." The County also argued that the Coupes filed the Motion for Statutory Damages outside of the 10- day period permitted under HRS § 101-27. On November 5, 2007,the Coupes filed a Reply Memorandum in support of their Motion for Statutory Damages wherein they argued that the property was not finally taken in Civil No. 00-1-181K. (R.O.A., 00-1-181K, V.42/00522, and 05-1-15K, V.29/01046.) The Reply Memorandum also argued that the ten-day period in HRS § 101-27 only applies to jury demands. On December 3, 2007,the Court entered the Order Putting Plaintiff/Counterclaim Defendant County of Hawaii In Possession Pending Appeal And Accounting For Amounts Deposited In Court("Possession Order")pursuant to HRS § 101-32 wherein the amounts awarded in the First Amended Final Judgment were deposited into Court. The amounts deposited included just compensation,blight of summons damages and interest in Civil No. 05-1-15K and blight of summons damages and interest in Civil No. 00-1-181K. (R.O.A., 00-1- 1811,V.41/00510, and 05-1-15K, V.28/01034.) On December 6, 2007,the Coupes filed a Supplemental Memorandum in support of the Motion for Statutory Damages that primarily addressed their opposition to the Possession Order. (R.O.A., 00-1-181K, V.42/00527, and 05-1-15K,V.29/01049.) 7