Stop Rail Now v. Sakamoto (Order)

NO. 29327

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

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STOP RAIL NOW, LET HONOLULU VOTE, LEAGUE OF WOMEN

VOTERS OF HONOLULU, SENSIBLE TRAFFIC ALTERNATIVES &

RESOURCES, INC. dba HONOLULU TRAFFIC.COM, PAUL DE GRACIA,

PAUL E. SMITH, ROBERT KESSLER, WARREN P. BERRY,

JEREMY LAM, M.D., SCOTT R. WILSON, DENNIS CALLAN,

and SAMUEL SLOM, Petitioners,

vs.

THE HONORABLE KARL K. SAKAMOTO, JUDGE OF THE

CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI‘I

and DENISE C. DECOSTA, in her capacity as CITY CLERK

OF THE CITY AND COUNTY OF HONOLULU, Respondents.

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ORIGINAL PROCEEDING

(CIV. NO. 08-1-1605)

ORDER
(By: Moon, C.J., Levinson, Nakayama, and Duffy, JJ., and
Intermediate Court of Appeals Judge Nakamura,
in place of Acoba, J., recused)

Upon consideration of the petition for a writ of mandamus filed by petitioners Stop Rail Now, Let Honolulu Vote, League of Women Voters of Honolulu, Sensible Traffic Alternatives & Resources, Inc., Paul De Gracia, Paul E. Smith, Robert Kessler, Warren P. Berry, Jeremy Lam, M.D., Scott R. Wilson, Dennis Callan, and Samuel Slom and the papers in support, we conclude that Petitioners have not demonstrated that they are entitled to mandamus relief. See Kema v. Gaddis, 91 Hawai‘i 200, 204-05, 982 P.2d 334, 338-39 (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.

DATED: Honolulu, Hawai‘i, September 3, 2008.