Electronically Filed
Supreme Court
SCPW-14-0001087
29-SEP-2014
09:55 AM
SCPW-14-0001087
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
ROBERT QUARTERO, Petitioner,
vs.
BERT I. AYABE, Judge of the Circuit Court
of the First Circuit, State of Hawai'i, Respondent Judge,
and
WAIANAE COMMUNITY DEVELOPMENT PROJECT ASSOCIATION,
by its Board of Directors; KEHAULANI QUARTERO; BANK OF HAWAII;
and CITY AND COUNTY OF HONOLULU, Respondents.
ORIGINAL PROCEEDING
(CAAP-12-0000497; CAAP-13-0002711; CIV. NO. 11-1-2612-10)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Nakayama, acting C.J., McKenna, Pollack, and Wilson, JJ., and
Circuit Judge Chan, in place of Recktenwald, C.J., recused)
Upon consideration of Petitioner Robert Quartero’s
document entitled “Petitioner’s Battery of Nine Petitions for a
Peremptory Writ of Mandamus; Motion to Expedite for Emergency
Treatment & Emergency Extension to Submit a Reply Brief,” which
was filed on August 27, 2014, and which we review as a petition
for a writ of mandamus, the supplemental exhibits submitted in
support thereof, and the record, it appears that Petitioner fails
to demonstrate that he has a clear and indisputable right to the
requested relief or that he lacks alternative means to seek
relief. Petitioner, therefore, is not entitled to the requested
writ of mandamus. See Kema v. Gaddis, 91 Hawai'i 200, 204, 982
P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary
remedy that will not issue unless the petitioner demonstrates a
clear and indisputable right to relief and a lack of alternative
means to redress adequately the alleged wrong or obtain the
requested action). Accordingly,
IT IS HEREBY ORDERED that the appellate clerk shall
process the petition for a writ of mandamus without payment of
the filing fee.
IT IS HEREBY FURTHER ORDERED that the petition for a
writ of mandamus is denied.
DATED: Honolulu, Hawai'i, September 29, 2014.
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
/s/ Derrick H.M. Chan
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