2008-05-16_County_of_Hawaii_Answering_Brief_re_Robert_Nigel_Richards

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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. At the November 8, 2007, hearing on the Motion for Statutory Damages,the trial court inquired about the effect of the consolidation of the cases on the requirement that"the property concerned is not finally taken for public use." (Transcript of Proceedings,November 8, 2007, at 16, See Appendix "A."9) Counsel for Coupes responded that"the cases remained separate and distinct cases and they were not merged by the consolidation." Id. at 9. Counsel for the County and Oceanside argued that consolidation should result in denial of the Motion for Statutory Damages because pursuant to Whittier Union High School Dist. v. Beck, 45 Cal.App.2d 736, 114 P.2d 731 (1941),the Court should not ignore that consolidation resulted in the County ultimately obtaining the condemnation order it needed in Civil No. 05-1-15K even though the Court also simultaneously denied condemnation Civil No. 00-1-181K. Id. at 32, 47-48. The Coupes' counsel also stated that if the County had amended the first lawsuit as opposed to bringing another one, their Motion for Statutory Damages would be weaker. Id. at 24-25. 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- 181K,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.) On December 12, 2007,the Court requested supplemental briefs on when evidence of damages sought under HRS § 101-27 needed to be submitted to the Court. (S.R.O.A., 00-1- 181K, V.431T0033, and 05-1-15K, V.30/T0033.) 9 On May 15, 2008, we contacted the Third Circuit Court in Kona to inquire whether the clerk was going to supplement the record on appeal to include the transcript. The clerk who prepared the record on appeal and the supplement was not available and is scheduled to return on May 27, 2008. 11