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Tierney v. County of Hawai'i

Supreme Court of Hawaii

May 23, 2013

MICHAEL C. TIERNEY, Petitioner,
v.
COUNTY OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING (Civ. No. 00-1-377).

Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

Upon consideration of Petitioner Michael C. Tierney's petition for a writ of mandamus, which was filed on May 2, 2013, the documents submitted in support thereof and attached thereto and the record, it appears that petitioner fails to demonstrate that he has a clear and indisputable right to the $5, 000. Moreover, petitioner can seek relief, as appropriate, in the circuit court. Petitioner, therefore, is not entitled to mandamus relief. 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 a writ of mandamus is denied.


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