COUNTY OF HAWAI`I v. C & J COUPE FAMILY LTD

No. 28822.

208 P.3d 713 (2009)

COUNTY OF HAWAI`I, a municipal corporation, Plaintiff/Counterclaim Defendant-Appellee v. C & J COUPE FAMILY LIMITED PARTNERSHIP, Defendant/Counterclaimant-Appellant and Robert Nigel Richards, Trustee Under the Marilyn Sue Wilson Trust; Miles Hugh Wilson; John Does 1-100; Jane Does 1-100; Doe Partnerships 1-100; Doe Corporations 1-100; Doe Entities 1-100; and Doe Governmental Units 1-100, Defendants. C & J Coupe Family Limited Partnership, Third-Party Plaintiff-Appellant v. 1250 Oceanside Partners aka Hokuli'a, Third-Party Defendant-Appellee (Civ. No. 00-1-0181K). County of Hawai`i, a municipal corporation, Plaintiff/Counterclaim Defendant-Appellee v. C & J Coupe Family Limited Partnership, Defendant/Counterclaimant/Cross Claimant-Appellant and 1250 Oceanside Partners aka Hokuli'a, Defendant/Cross Claim Defendant-Appellee and Robert Nigel Richards, Trustee Under the Marilyn Sue Wilson Trust; Miles Hugh Wilson; John Does 1-100; Jane Does 1-100; Doe Partnerships 1-100; Doe Corporations 1-100; Doe Entities 1-100; and Doe Governmental Units 1-100, Defendants (Civ. No. 05-1-015K).

Supreme Court of Hawai`i.

As Amended May 22, 2009.


Attorney(s) appearing for the Case

Kenneth R. Kupchak, Robert H. Thomas, Mark M. Murakami, and Christi-Anne H. Kudo Chock (Damon Key Leong Kupchak Hastert), Honolulu, for defendant-appellant, C & J Coupe Family Limited Partnership.

Joseph K. Kamelamela, Michael J. Udovic, Ivan M. Torigoe, and Katherine A. Garson, Deputies Corporation Counsel, County of Hawai`i, for Plaintiff-Appellee, County of Hawai`i.

William Meheula and Derek T. Mayeshiro (Winer Meheula & Devens, LLP), Honolulu, for Third-Party Defendant, 1250 Oceanside Partners aka Hokulia.

MOON, C.J., NAKAYAMA, ACOBA, DUFFY, JJ., and Circuit Judge CHAN, assigned by reason of vacancy.


Opinion of the Court by ACOBA, J.

In County of Hawai`i v. C & J Coupe Family Ltd. Partnership, 119 Haw. 352, 198 P.3d 615 (2008), issued on December 24, 2008, this court held that Defendant-Appellant 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...

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