O’Grady v. StateAnnotate this Case
The Supreme Court granted Petitioners’ request for costs but denied their request for an award of attorney’s fees in their action against the State of Hawaii and the State of Hawaii Department of Transportation. The Supreme Court held (1) Haw. Rev. Stat. 662-9 allows a court to award attorney’s fees only to the extent permitted under Haw. Rev. Stat. 662-12; (2) Petitioners’ request for recovery of attorney’s fees under section 662-9 and 662-12 is premature; and (3) Haw. Rev. Stat. 662-9 authorizes the award of costs against the State, and Petitioners are the prevailing parties under section 662-9.