Superior Court Associate Judge Joseph N. Camacho yesterday placed under advisement the request of marine sports operators to modify the court's $62,034 bond requirement in order for them to regain Managaha access.
After listening to the arguments by the parties in the case, Camacho said he will issue a written ruling as soon as possible.
Attorneys F. Mathew Smith and Mark Scoggins argued on behalf of the five marine sports operators that are suing the Department of Public Lands.
Attorney Glenn Jewell appeared as counsel for Tasi Tours, while assistant attorney general Mike Wilt represented DPL.
Smith asserted that the court should either remove the bond or to only require a nominal bond.
Smith pointed out that nowhere in Camacho's order in issuing the preliminary injunction is Tasi Tours enjoined or restrained from performing a single act.
“Tasi Tours is an intervenor. Tasi Tours is not enjoined by virtue of the injunction,” said Smith, adding that the court's order only enjoined DPL.
Smith reiterated the plaintiffs' position that the court cannot consider the harm to a non-enjoined party-such as the intervenor in the case Tasi Tours.
He said a bond is proper only upon showing that DPL would suffer some harm.
Smith said no testimony nor any evidence presented during the hearing on the preliminary injunction that showed DPL would suffer harm or incur damages.
He said Tasi Tours presented no evidence that they have incurred damages in the past.
Asked by Camacho how much he believes the nominal bond in this case, Smith replied “$1,000.or make it $100.”
Smith said the damages that Tasi Tours claimed were all speculative figures.
In Tasi Tours' opposition, Jewell said the court should stand by its ruling-required the bond as it is the law of the case.
Jewell said the reason why they opposed to have a chambers conference because the issue presented is a motion for reconsideration.
Jewell cited previous court rulings to back up their argument that a bond should be imposed in issuing the injunction.
Jewell said Tasi Tours is now a party in this case and not only an intervenor.
Assistant attorney general Wilt also agreed with Jewell that Tasi Tours is a party in this case.
Wilt said the injunction has a negative economic impact on Tasi Tours and on DPL.
He also stated that this case is motivated by personal commercial interest and not for public interest.
In his July 19, 2012 order, Camacho granted the marine sports operators' request to maintain the status quo on Managaha access until their lawsuit against the DPL is decided on its merits.
Camacho, however, ordered the marine sports operators-Island Marine Sports Inc., Aquatic Marine Co. Inc. doing business as Amigo Aquatic Sports, Automarine Inc., Seahorse Inc., and BSEA Inc.-to post the $62,034 bond.
Camacho said the preliminary injunction shall take effect once the full bond is remitted to the court. (Ferdie de la Torre)