Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Klausmeyer-Among v. Honolulu City Council

Intermediate Court of Appeals of Hawaii

November 29, 2013

MOANA KEA KLAUSMEYER-AMONG, ROBERT PALMER, and JASON ELLIS, Plaintiffs-Appellants,
v.
HONOLULU CITY COUNCIL, and CITY AND COUNTY OF HONOLULU, DEPARTMENT OF PLANNING AND PERMITTING, Defendants-Appellees and JOHN DOES 1-5, JANE DOES 1-5, DOE CORPORATIONS 1-5, DOE PARTNERSHIPS 1-5, DOE GOVERNMENT AGENCIES 1-5, and DOE ENTITIES 1-5, Defendants

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL No. 12-1-1480).

Moana Kea Klausmeyer-Among Robert Palmer Jason Ellis Plaintiffs-Appellants pro se.

Don S. Kitaoka Brad T. Saito Deputies Corporation Counsel, City and County of Honolulu for Defendants-Appellees.

Nakamura, C.J., Foley and Fujise, JJ.

MEMORANDUM OPINION

Plaintiffs-Appellants Moana Kea Klausmeyer-Among, Robert Palmer, and Jason Ellis (collectively, Plaintiffs), proceeding pro se, appeal from (1) the "Order Granting Defendants Honolulu City Council and City and County of Honolulu Department of Planning and Permitting's Motion for Partial Dismissal of Plaintiffs' Verified Complaint Filed May 24, 2012 and for a More Definite Statement" entered October 31, 2012 (Dismissal Order 1), and (2) the "Order Granting Defendants Honolulu City Council and City and County of Honolulu Department of Planning and Permitting's Motion for Dismissal of Plaintiffs' More Definite Statement of Counts 4, 5, 12, and 15 of Plaintiff's Verified Complaint Filed May 24, 2012, Filed October 24, 2012" entered February 15, 2013 (Dismissal Order 2). Both orders were entered in the Circuit Court of the First Circuit[1] (circuit court).

On appeal, Plaintiffs contend the circuit court erred, under Hawaii Revised Statutes (HRS) §§ 205A-5 (2011 Repl.) and 205A-6 (2011 Repl.)a when it dismissed their complaints for failing to state a claim for which relief can be granted.

I. BACKGROUND

On October 4, 2011, the City and County of Honolulu Department of Planning and Permitting (DPP) recommended that the Honolulu City Council (City Council) approve the State of Hawaii Department of Transportation's (DOT or Applicant[2]) application for Special Management Area Use Permits (SMA Permits) for the Farrington Highway Replacement of Makaha Bridges No. 3 and No. 3a Project (Makaha Bridges Project). On April 3, 2012, the City Council approved the SMA Permits.

On May 24, 2012, Plaintiffs filed a "Verified Complaint for Injunctive, Equitable, and Other Relief" against the City Council and the DPP (collectively, Defendants). Plaintiffs requested injunctive relief under "HRS [§] 205A-6 [p]rovisions, and other applicable rights to relief, " in the form of overturning or otherwise revoking City Council Resolution No. 11-282.[3] Plaintiffs' complaint raised 15 counts. Dismissal Order 1 dismissed, with prejudice, all counts except counts 4, 5, 12, and 15, for failing to state a claim upon which relief could be granted. The circuit court ordered Plaintiffs to provide a more definite statement of the non-dismissed counts.

Plaintiffs' "First Amended Complaint" restated counts 4, 5, 12, and 15 and requested an "immediate INJUNCTION barring applicants from proceeding in any manner to initiate condemnation or bring eminent domain proceedings against Plaintiffs." Plaintiffs also requested an "Order [requiring the] applicants to release ALL data and studies in their entirety, including preliminary, final, changed or initial studies, during the 9 year design process for the Makaha Bridge Project[, ]" and an order to remove Kili Drive from "the current FEMA designated Flood Way, or at minimum the portion of Kili Drive which is not privately owned by HRT Kili Drive LLC and uses an easement over and across the Defendants owned parcel to connect to Farrington Highway . . . ." Dismissal Order 2 dismissed the remaining counts, without prejudice, for failure to state a claim for which relief could be granted.

II. STANDARD OF REVIEW

"A trial court's ruling on a motion to dismiss is reviewed de novo." Kamaka v. Goodsill Anderson Quinn & Stifel, 117 Hawai'i 92, 104, 17 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.