Legal Opinion · Dissent

County of Kaua'i Ex Rel. Nakazawa v. Baptiste

Hawaii Supreme Court

Decided August 7, 2007No. 27351Published

1Dissent

ACOBA, J.,

dissenting, with whom DUFFY, J., joins.

Dissenting Opinion by ACOBA, J., with whom DUFFY, J., joins.

With all due respect, our role is to protect the judicial process, not to subvert it. In sua sponte deleting Defendant-Appellee Kauai County Council (County Council) as a defendant in this case and adding it back as the putative plaintiff in order to create a supposed controversy between the. County Council and Defendant-Appellee Mayor of Kauai (Mayor) and Defendant-Appellee Finance Director of Kauai (Finance Director), the majority does exactly that, manipulating the lawsuit so as to…

2Cases cited24 opinions

  1. Newman-Green, Inc. v. Alfonzo-LarrainSupreme Court of the United States · 1989
  2. Mullaney v. AndersonSupreme Court of the United States · 1952
  3. Kawamata Farms, Inc. v. United Agri ProductsHawaii Supreme Court · 1997
  4. Roxas v. MarcosHawaii Supreme Court · 1998
  5. Life of the Land v. LAND USE COM'N, ETC.Hawaii Supreme Court · 1981

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