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CITIZENS, EQUITABLE RESP GOVT v. COUNTY, HAWAII

Supreme Court of Hawaii
Feb 21, 2002
24900 (Haw. Feb. 21, 2002)

Opinion

24900

February 21, 2002.

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.


ORIGINAL PROCEEDING


ORDER

Upon consideration of the petition for a writ of mandamus filed by Citizens for Equitable and Responsible Government, Brenda Joyce Ford, Sandra Wood Scarr, and Stanley Alfred Boren, it appears that: (1) Petitioners ask this court to order the respondents to set aside the Hawaii County reapportionment plan filed on December 28, 2001 and to order respondents to accept a new reapportionment plan prepared by a special master appointed by this court; (2) mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual's claim is clear and certain, the official's duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available. Barnett v. Broderick, 84 Haw. 109, 929 P.2d 1359 (1996); and (3) Petitioners fail to meet the standard for the issuance of a writ of mandamus. Therefore,

IT IS HEREBY ORDERED that the petition for writ of mandamus is denied without prejudice to Petitioners seeking relief in the circuit court.


Summaries of

CITIZENS, EQUITABLE RESP GOVT v. COUNTY, HAWAII

Supreme Court of Hawaii
Feb 21, 2002
24900 (Haw. Feb. 21, 2002)
Case details for

CITIZENS, EQUITABLE RESP GOVT v. COUNTY, HAWAII

Case Details

Full title:CITIZENS FOR EQUITABLE AND RESPONSIBLE GOVERNMENT, a Hawaii nonprofit…

Court:Supreme Court of Hawaii

Date published: Feb 21, 2002

Citations

24900 (Haw. Feb. 21, 2002)