No. 28822 (April 21, 2008)
Opinion pdf
OPINION OF THE COURT BY ACOBA, J.
In County of Hawai'i v. C&J Coupe Family Ltd. Partnership, 119 Hawai'i 352, 198 P.3d 615 (2008), issued on December 24, 2008, this court held that Defendant-Appelant C&J Coupe Family Limited Partnership (Appellant) "is entitled to seek statutory damages [from Plaintiff-Appellee County of Hawai'i (the County")] pursuant to [Hawai'i Revised Statutes (HRS) § 101-27 (1993) because it prevailed in [Civil No. 00-1-181K (Condemnation 1)]," and "the property in question was not finally taken in Condemnation 1." Id. at 361, 364, 198 P.3d at 624, 627. On January 20, 2009, Appellant filed its Request for Statutory Damages (the Request) and memorandum in support. The County filed its Memorandum in Opposition to Appellant's Request for Statutory Damages on January 30, 2009 (Opposition). Third-Party Defendant-Appellee 1250 Oceanside Partners (Oceanside) joined the County's Opposition and also filed a separate memorandum in opposition to the Request on January 30, 2009. On February 19, 2009, pursuant to this court's February 9, 2009 order, Appellant filed its Response to Objections re: Request for Statutory Damages (the Response). The County filed a reply to the Response on March 2, 2009 (Reply), in which Oceanside joined on March 2, 2009 (Joinder). On March 5, 2009, Appellant filed an Errata to Responses to Objections re: Request for Statutory Damages (Errata), purportedly to correct certain errors in the Request and the Response. For the reasons stated herein, Appellant is awarded $25,370.55 in fees and $1,206.35 in costs. [footnote omitted]
