Scotto v. Hawaii Public Housing Authority

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Electronically Filed Supreme Court SCPW-14-0000887 18-JUN-2014 10:19 AM SCPW-14-0000887 IN THE SUPREME COURT OF THE STATE OF HAWAI#I LIVIA SCOTTO, Petitioner, vs. HAWAI#I PUBLIC HOUSING AUTHORITY, STATE OF HAWAI#I, Respondent. ORIGINAL PROCEEDING ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Upon consideration of the documents filed by Petitioner Livia Scotto, on June 13, 2014, which we review as a petition for a writ of mandamus, and the record, it appears that Petitioner fails to demonstrate that she has a clear and indisputable right to the requested relief, and she can raise her eviction-related concerns before the Hawai#i Public Housing Authority s eviction board and in any subsequent judicial review process. See Haw. Rev. Stat. §§ 356D-93, 356D-94, 356D-96, and 356D-97. Petitioner, therefore, is not entitled to a writ of mandamus. See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action); Barnett v. Broderick, 84 Hawai#i 109, 111, 929 P.2d 1359, 1361 (1996) (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). Accordingly, IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied. DATED: Honolulu, Hawai#i, June 18, 2014. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson

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