Kahaikupuna v. State

Concurring and Dissenting Opinion by

LEVINSON, J.

The majority appears to conclude that Pacific Meat Co. v. Otagaki, 47 Haw. 652, 655 n. 4, 394 P.2d 618, 620 n. 4 (1964), contemplates only two sets of circumstances in which a plaintiff has standing to test a criminal statute through a declaratory action: (1) where the statute “affects a continuing course of business” and (2) where the defendants in the declaratory action have “refused to bring criminal proceedings.” See id., 47 Haw. at 654, 656, 394 P.2d at 620; majority opinion at 236, 124 P.3d at 981. I respectfully disagree with the…