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BLAIR v. HARRIS

No. 24986.

45 P.3d 798 (2002)

98 Hawai`i 176

Russell BLAIR, Plaintiff-Appellee, v. Jeremy HARRIS, in his individual capacity and as Mayor of the City and County of Honolulu, Defendant-Appellant.

Supreme Court of Hawaii.

May 7, 2002.

Attorney(s) appearing for the Case

William C. McCorriston, Robert G. Klein, and Peter J. Hamasaki, Honolulu, (of McCorriston Miller Mukai MacKinnon), on the briefs, for defendant-appellant Jeremy Harris.

William J. Deeley, Dennis W. King, and Charles R. Prather, Honolulu, (of Deeley, King & Pang), on the briefs, for plaintiff-appellee Russell Blair.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ., and RAMIL, J., concurring separately, and ACOBA, J., concurring in part and dissenting in part.

Opinion of the Court by MOON, C.J.

Defendant-appellant Jeremy Harris appeals from the March 11, 2002 order of the First Circuit Court, the Honorable Sabrina M. McKenna presiding, granting declaratory relief in favor of plaintiff-appellee Russell Blair, and from the March 14, 2002 entry of judgment thereon. The circuit court ruled that article 2, section 7 of the Hawai`i Constitution [hereinafter, section 7], which requires any elected public officer to resign from...

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