Electronically Filed
Supreme Court
SCPW-16-0000483
30-JUN-2016
01:53 PM
SCPW-16-0000483
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
DONALD COURTNEY BROWN, Petitioner,
vs.
THE HONORABLE MICHAEL K. TANIGAWA, JUDGE OF THE DISTRICT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I, Respondent Judge,
and
ASSOCIATION OF APARTMENT OWNERS OF PACIFIC HEIGHTS PARK PLACE, a
Hawai'i non-profit corporation, by its Board of Directors;
JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE
ASSOCIATIONS 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10;
and DOE GOVERNMENTAL UNITS 1-10, Respondents.
ORIGINAL PROCEEDING
(CIV. NO. 1RC16-1-3064)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Donald Courtney
Brown’s petition for an emergency writ of mandamus, filed on June
22, 2016, the documents attached thereto and submitted in support
thereof, and the record, it appears that, at this time,
petitioner is seeking relief in the Intermediate Court of Appeals
in CAAP-16-0000485 and may seek further relief from any final
order or judgment entered in the underlying action, as
appropriate. Petitioner, therefore, fails to demonstrate that he
is entitled to the requested emergency writ of mandamus. See
Kema v. Gaddis, 91 Hawai'i 200, 204-05, 982 P.2d 334, 338-39
(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); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241,
580 P.2d 58, 62 (1978) (a writ of mandamus is not intended to
supersede the legal discretionary authority of the trial courts,
cure a mere legal error, or serve as a legal remedy in lieu of
normal appellate procedure). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai'i, June 30, 2016.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2