Holzman v. Van de Car
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NO. 24881 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ DR. DAVID L. HOLZMAN, Ph.D., on behalf of himself and persons similarly situated, Petitioner, vs. LLOYD VAN de CAR, Chairman and Representative of the Hawaii County Reapportionment Commission, Respondents. _________________________________________________________________ ORIGINAL PROCEEDING (By: ORDER Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon consideration of the first amended petition for a writ of mandamus filed by Petitioner David L. Holzman, Ph.D., and the papers in support, it appears that: (1) Petitioner asks this court to order the Hawaii County Reapportionment Commission to reassemble and amend the Hawaii County reapportionment plan filed on December 28, 2001; (2) mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual s claim is clear and certain, the official s duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available. Barnett v. Broderick, 84 Hawai#i 109, 929 P.2d 1359 (1996); and (3) Petitioner fails to meet the standard for the issuance of a writ of mandamus. Therefore, IT IS HEREBY ORDERED that the petition for writ of mandamus is denied without prejudice to Petitioner seeking relief in the circuit court. DATED: Honolulu, Hawai#i, February 21, 2002.
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