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Koike, Sekiya v. Board of Water Supply

44 Haw. 146 (Haw. 1960)
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Koike, Sekiya v. Board of Water Supply

4 Citing cases

  1. Ross v. Stouffer Hotel Co.

    76 Haw. 454 (Haw. 1994)   Cited 248 times
    Holding that "the timely filing of an administrative complaint with the [state agency] was precondition to civil suit under HRS § 378-2."

    Indeed, "[w]e not only have the right but are entrusted with a duty to examine the former decisions of this court and when reconciliation is impossible, to discard our former errors." Koike v. Board of Water Supply, 44 Haw. 100, 117-18, 352 P.2d 835, 845, reh'g denied, 44 Haw. 146, 352 P.2d 835 (1960); see also Parke v. Parke, 25 Haw. 397, 401 (1920) ("It is generally better to establish a new rule than to follow a bad precedent.").

  2. State v. Jenkins

    93 Haw. 87 (Haw. 2000)   Cited 214 times
    Holding that possession is a prosecutable act under HRS § 702–202

    As this court has long recognized, "[w]e not only have the right but are entrusted with a duty to examine the former decisions of this court and [,] when reconciliation is impossible, to discard our former errors." Koike v. Board of Water Supply, 44 Haw. 100, 117-18, 352 P.2d 835, 845, reh'g denied, 44 Haw. 146, 352 P.2d 835 (1960); see also Parke v. Parke, 25 Haw. 397, 401 (1920) ("It is generally better to establish a new rule than to follow a bad precedent."). Francis v. Lee Enters., 89 Haw. 234, 236, 971 P.2d 707, 709 (1999) (brackets in original).

  3. Francis v. Lee, Civ. No. 97-01636 HG

    89 Haw. 234 (Haw. 1999)   Cited 164 times
    Holding that, when a contract is breached, "Hawai‘i law will not allow a recovery in tort, including a recovery of punitive damages, in the absence of conduct that violates a duty that is independently recognized by principles of tort law and transcends the breach of the contract."

    As this court has long recognized, "[w]e not only have the right but are entrusted with a duty to examine the former decisions of this court and[,] when reconciliation is impossible, to discard our former errors." Koike v. Board of Water Supply, 44 Haw. 100, 117-18, 352 P.2d 835, 845, reh'g denied, 44 Haw. 146, 352 P.2d 835 (1960); see also Parke v. Parke, 25 Haw. 397, 401 (1920) ("It is generally better to establish a new rule than to follow a bad precedent."). B. The Dold Rule And Its Progeny

  4. Biscoe v. Tanaka

    76 Haw. 380 (Haw. 1994)   Cited 12 times
    Recognizing that "the separation of powers doctrine applies to the Hawai`i state government" and concluding that a department "may not exercise powers not so constitutionally granted . . . unless such powers are properly incidental to the performance by it of its own appropriate functions"

    " Willoughby, Constitutional Law, § 725, p. 682.Koike v. Board of Water Supply, 44 Haw. 100, 114, 352 P.2d 835, 843 (citations omitted), reh'g denied, 44 Haw. 146 (1960). When a party challenges a statutory scheme that assigns the performance of a particular task to the judiciary, "[t]he test is whether the statute `authorizes the courts to perform a function so closely connected with and so far incidental to strictly judicial proceedings that the courts in obeying the statute would not be exercising executive or non-judicial powers.'"