No. 26976 (August 29, 2008)
Opinion [pdf]
OPINION OF THE COURT BY NAKAYAMA, J.
Plaintiffs-Appellants Edward Clark, Ollie Fulks ("Fulks"), and Matthew Binder (collectively, "Appellants"), appeal from the third circuit court's ("circuit court's") November 10, 2004 final judgment and order in favor of Defendants-Appellees, James Arakaki ("Arakaki"), Casey Jarman, Rex M. Quidilla, County of Hawai'i, John Does 1-10, Jane Does 1-10, Doe Corporations, Partnerships, Governmental Units or Other Entities 1-20 (collectively, "Appellees"). On appeal, Appellants assert generally that "the [circuit court] committed error both in granting Appellees' summary judgment motions, and in denying Appellants' motion for partial summary judgment as to Count I." For the reasons that follow, we hold that the circuit court (1) did not err when it determined that an amendment to article III, section 3-2 of the Charter of the County of Hawai'i ("the Charter Amendment") was valid notwithstanding its lack of an effective date, and (2) erred when it determined that the first term that counted toward the limit of four consecutive two-year terms was postponed to the term that commenced as a result of the 1998 election. Accordingly, we vacate the circuit court's November 10, 2004 final judgment and order, and remand with instructions to enter summary judgment in favor of Appellants for reasons consistent with this opinion. [footnotes omitted]
Dissenting Opinion by Acoba, J. [pdf]
