Oamilda v. 2011 Council Reapportionment Commission ( 2012 )

Electronically Filed
Supreme Court
SCPW-12-0000058
09-FEB-2012
11:39 AM
NO. SCPW-12-0000058
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
GLENN OAMILDA, Petitioner,
vs.
2011 COUNCIL REAPPORTIONMENT COMMISSION and
2011 STATE REAPPORTIONMENT COMMISSION, Respondents.
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon consideration of the petition for a writ of
mandamus filed by petitioner Glenn Oamilda, it appears that: (1)
Revised Ordinances of Honolulu, article III, section 3-103 does
not require that communities remain undivided in the
reapportionment of council districts; see Kawamoto v. Okata, 75
Haw. 463, 468-69, 868 P.2d 1183, 1186 (1994); (2) article III,
section 3-103 does not require that council districts be drawn on
a permanent resident population base; and (3) petitioner's
assertions that the Council Reapportionment Commission did not
follow lawful process are not supported by any evidence.
Consequently, petitioner fails to demonstrate a clear and
indisputable right to relief and petitioner is not entitled to
mandamus relief. 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.).
It further appears that: (1) petitioner's challenge to
the 2011 Final Reapportionment Plan for the State Legislature is
untimely; see Hawai'i Constitution, article IV, section 10; and
(2) the 2011 Final Reapportionment Plan for the State Legislature
was invalidated on January 4, 2012. Therefore,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is: (1) denied as to relief against the 2011 Council
Reapportionment Commission and (2) dismissed as to relief against
the 2011 State Reapportionment Commission.
DATED: Honolulu, Hawai'i, February 9, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
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