Superior Court Associate Judge Joseph N. Camacho refused yesterday to reconsider his ruling and clarify the terms of the preliminary injunction he granted to five marine sports operator that are suing for access to Managaha Island.
In a five-page order, Camacho said that neither the Department of Public Lands nor Tasi Tours & Transportation Inc. has demonstrated that he committed a clear error.
Camacho said that DPL and Tasi Tours merely disputed his application of the law but did not add anything more to their arguments.
“The arguments are virtually indistinguishable from arguments previously made [that] the court already considered,” the judge said.
Further, Camacho said, given the court's broad discretion to set bonds, any asserted “inconsistencies” do not amount to a clear error.
As for DPL's and Tasi Tours' request for clarification about the preliminary injunction he issued, Camacho said both failed to show that any actual confusion exists on the scope or intent of the injunction or the status quo.
“Instead, they have asked the court to rule on what appears to the court to be a hypothetical,” he said.
As a result, Camacho said, he declines to clarify his order at this time.
Tasi Tours, through counsel Rexford C. Kosack, requested clarification of Camacho's Aug. 22, 2012, order regarding the bond requirement for the preliminary injunction.
Kosack said that Camacho issued the preliminary injunction without giving the security for the payment of all the damages that might be suffered by Tasi Tours-contrary to the Rules of Civil Procedure.
DPL, through counsel assistant attorney general Michael Wilt, supported Tasi Tours' motions. DPL asserted that the court's order is internally inconsistent and leaves Tasi Tours, a concessionaire of DPL, effectively unsecured.
“Clarification is necessary to the DPL because the DPL is charged with the responsibility of enforcing the rights of Tasi Tours made pursuant to their concession agreement with the DPL,” Wilt said.
In the marine sports operators' response to the motions for reconsideration and clarification, attorney Mark Scoggins stated that the filing of the motions is part of Tasi Tours' strategy to litigate them to death.
Scoggins said his clients are also wondering why DPL finds it necessary to file pleadings in support of Tasi Tours' motions.
“DPL is using government resources for this improper purpose, and the motion should be summarily denied,” according to Scoggins, counsel for the five marine sports operators.
In denying the motions, Camacho said “the bond amount places an extremely onerous burden on [the petitioners]” and as a result, “the requirement that petitioners post the full bond amount as a pre-requisite to injunctive relief effectively denies them judicial review.”
The judge said he fashioned an equitable remedy consistent with that conclusion.
The preliminary injunction that Camacho issued last July 19 granted the marine sports operators' request to maintain the status quo on Managaha access until their lawsuit against DPL is decided on its merits.
Island Marine Sports Inc., Aquatic Marine Co. Inc., Automarine Inc., Seahorse Inc., and BSEA Inc. are suing DPL to invalidate the department's “rule” that prohibits them from picking up customers with whom they have made prior arrangements from Managaha Island.
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