Kapuwai v. City & County of Honolulu, Department of Parks & Recreation

Dissenting Opinion by

NAKAYAMA, J.

I respectfully dissent. The majority holds that the ICA gravely erred because its opinion “regarding the issue of attorney’s fees and costs was not ripe for decision and constitutes an advisory opinion akin to the issuance of an opinion where there is no subject matter jurisdiction.” Majority opinion at 43-44, 211 P.3d at 760-61. However, with all due respect, the majority overlooks that this court has also issued advisory opinions in the past. See, e.g., E & J Lounge Operating Co., Inc. v. Liquor Comm’n of City & County of Honolulu, 118 Hawai'i 320, 350, 189…