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Hanabusa v. Cayetano

Supreme Court of Hawaii
Jul 12, 2002
25197 (Haw. Jul. 12, 2002)

Opinion

25197

July 12, 2002.

ORIGINAL PROCEEDING

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


ORDER

Upon consideration of Petitioner Colleen Hanabusa's petition for a writ of mandamus directed to public officers, the papers in support, and the records and files herein, it appears that: (1) 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. Barnett v. Broderick, 84 Hawai'i 109, 111, 929 P.2d 1369, 1361 (1996); (2) Mandamus relief is available to compel an official to perform a duty allegedly owed only if the claim is clear and certain, the official's duty is ministerial in nature and so plainly prescribed as to be free from doubt, and no other remedy is available. Id.; and (3) Petitioner fails to demonstrate that she is entitled a writ of mandamus. Therefore,

IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied without prejudice to Petitioner seeking any other applicable remedy.


Summaries of

Hanabusa v. Cayetano

Supreme Court of Hawaii
Jul 12, 2002
25197 (Haw. Jul. 12, 2002)
Case details for

Hanabusa v. Cayetano

Case Details

Full title:COLLEEN HANABUSA, Petitioner, v. THE HONORABLE BENJAMIN J. CAYETANO, in…

Court:Supreme Court of Hawaii

Date published: Jul 12, 2002

Citations

25197 (Haw. Jul. 12, 2002)