Electronically Filed
Supreme Court
SCPW-12-0000834
28-NOV-2012
09:08 AM
SCPW-12-0000834
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
ALAKU POINTE, LP, Petitioner/Defendant,
vs.
THE HONORABLE RHONDA I.L. LOO, Judge of the Circuit Court of the
Second Circuit, State of Hawai#i, Respondent Judge,
and
COUNTY OF MAUI, KE ALII VILLAS LLC, and KAK II LLC,
Respondents/Plaintiffs.
ORIGINAL PROCEEDING
(CIV. NO. 06-1-0302(1))
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Alaku Pointe, LP’s
October 2, 2012, petition for a writ of mandamus, the documents
submitted in support thereof, and the record, it appears that
petitioner is not entitled to mandamus relief inasmuch as
petitioner can seek appellate review, as appropriate, once an
appealable judgment is entered in the case. See State ex rel.
Marsland v. Ames, 71 Haw. 304, 306, 788 P.2d 1281, 1283 (1990) (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. Such writs,
however, are not intended to supersede the legal discretionary
authority of the trial courts, nor are they intended to serve as
legal remedies in lieu of normal appellate procedure. Moreover,
where a trial judge has discretion to act, mandamus will not lie
to interfere with or control the exercise of that discretion,
even when the judge has acted erroneously, unless the judge has
exceeded his or her jurisdiction, has committed a flagrant and
manifest abuse of discretion, or has refused to act on a subject
properly before the court under circumstances in which he or she
has a legal duty to act). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, November 28, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack