Malahoff v. Saito

Concurring and Dissenting Opinion by

ACOBA, J.

I agree with the majority’s conclusion that the first circuit court (the court) did not err in issuing a permanent injunction. However, I disagree with the majority’s analysis inasmuch as I believe that (1) Defendants-Appellants Russ K. Saito, in his capacity as Comptroller of the State of Hawai'i (the State) and Linda Lingle, in her capacity as Governor of the State [collectively, Defendants] are collaterally estopped from asserting that Plaintiffs-Appellees Alexander Malahoff, Linda Currivan, Diane Ferreira, Hugh Folk, Vincent Linares, David…