Electronically Filed
Supreme Court
SCPW-17-0000635
14-SEP-2017
SCPW-17-0000635 01:42 PM
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL J. FUCHS and KE KAILANI DEVELOPMENT, LLC, a Hawaii
limited liability company, Petitioners,
vs.
THE INTERMEDIATE COURT OF APPEALS, STATE OF HAWAI#I, Respondent,
and
KE KAILANI PARTNERS LLC, a Hawaii limited liability company,
HAWAII RENAISSANCE BUILDERS LLC, a Delaware limited liability
company, ET. AL., Respondents.
ORIGINAL PROCEEDING
(SCWC-12-0000758; SCWC-13-0004290; CAAP-12-0000070; CAAP-12-0000758;
CAAP-13-0004290; CIV. NOS. 09-1-2523-10 and 11-1-1577-07)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Nakayama, Acting C.J., McKenna, Pollack, and Wilson, JJ.,
and Circuit Judge Nacino, in place of Recktenwald, C.J., recused)
Upon consideration of petitioners’ petition for writ of
mandamus and for a stay, filed on August 30, 2017, the documents
attached thereto and submitted in support thereof, and the
record, it appears that petitioners fail to demonstrate that they
have a clear and indisputable right to the requested relief or
that they lack alternative means to seek relief. Petitioners,
therefore, are not entitled to an extraordinary writ. 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 petition for writ of
mandamus, including the request for a stay, is denied.
DATED: Honolulu, Hawai#i, September 14, 2017.
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
/s/ Edwin C. Nacino
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