Citizens for Equitable and Responsible Government v. County Clerk, County of Hawaii
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NO. 24900 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ CITIZENS FOR EQUITABLE AND RESPONSIBLE GOVERNMENT, a Hawaii nonprofit corporation; BRENDA JOYCE FORD, SANDRA WOOD SCARR and STANLEY ALFRED BOREN, Petitioners, vs. COUNTY CLERK, COUNTY OF HAWAII; LLOYD VAN DE CAR, CHAIRMAN, COUNTY OF HAWAII 2001 REAPPORTIONMENT COMMISSION; and COUNTY OF HAWAII, Respondents. _________________________________________________________________ ORIGINAL PROCEEDING (By: ORDER Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon consideration of the petition for a writ of mandamus filed by Citizens for Equitable and Responsible Government, Brenda Joyce Ford, Sandra Wood Scarr, and Stanley Alfred Boren, it appears that: (1) Petitioners ask this court to order the respondents to set aside the Hawaii County reapportionment plan filed on December 28, 2001 and to order respondents to accept a new reapportionment plan prepared by a special master appointed by this court; (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) Petitioners fail 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 Petitioners seeking relief in the circuit court. DATED: Honolulu, Hawai#i, February 21, 2002. 2
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