University`s answer - Puna Pono Alliance

CARRIE K. S. OKINAGA 5958-0
University General Counse l
RYAN M. AKAMINE 4358-0
BRUCE Y. MATSUI 3721-0
Associate General Counsels
University ofHawai ' i
2444 Dole Street, Bachman Hall 110
Honolulu, Hawai ' i 96822
Telephone: (808) 956-2211
Facs imil e: (808) 956-2109
2015 , O! 30 P" 2: 15
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Attorneys for Defendant
UN IV ERSITY OF HA WAI ' I
IN THE CIRCUlT COURT OF THE THIRD CIRCUIT
STATE OF HAWAI ' I
RALPH PALIKAPU DEDMAN; TERRI L. )
NAPEAHI; ROB ERT M. PETRICCI; RUTH- )
REBECCAL YNNE TY ANA LOKELANI
)
ALOUA; ALICIA M . ILIKEA KAM;
)
WINTER NANI HOOHULI; CLARE
)
LOPRINZI; JOS EPH KASSEL ND , L.Ac .; )
and MI SHA KASSEL, MD ,
)
)
Plaintiffs,
)
)
v.
)
)
STATE OF HAWAI'I, DEPARTMENT OF )
LAND AND NATURAL RESOURCES;
)
UNIVERSITY OF HA WAn, HA WAIl
)
INSTITUTE OF GEOPHYSICS AND
)
PLANETOLOGY and CENTER FOR THE )
STUDY OF ACTIVE VOLCANOES; and
)
JOI-INDOESI-10,
)
)
Defendants.
)
)
----------------------------- )
Civil No. 15-1-274K
(Kona) (Environmental Court)
DEFENDANT UNIVERSITY OF
HAWAI'I ' S ANSWER TO FIRST
AMENDED COMPLAINT FOR
DECLARATORY AND INJUNCTIVE
RELIEF FILED ON OCTOBER 21 , 2015;
CERTIFICATE OF SERVICE
DEFENDANT UNIVERSITY OF HAWAI'I'S ANSWER TO
FIRST AMENDED COMPLAINT FOR DECLARATORY AND
INJUNCTIVE RELIEF FILED ON OCTOBER 21, 2015
Defendant University of Hawai 'i (hereafter "Defendant"), hereby responds to Plaintiffs'
First Amended Complaint For Declaratory And Injunctive Relief (hereafter "Amended
Complaint"), filed on October 21,2015, and states as follow s:
FIRST DEFENSE
1.
The Amended Complaint fails to state a claim against Defendant upon which
relief can be granted.
SECOND DEFENSE
2.
Defendant is without knowledge or information sufficient to form a belief as to
the truth or falsity of the allegations contained in paragraphs 1 through 9, 13 through 15, 17, and
19 through 21 of the Amended Complaint and therefore denies the same.
3.
Defendant believes the allegations in paragraph 10 to be true.
4.
With respect to paragraph 11 of the Amended Complaint, Defendant denies that
Hawai ' i Institute of Geophysics and Planetology (HIGP) and the Center for the Study of Active
Volcanoes (CSAV) are proper defendants or even legal entities, but admits the remainder of the
paragraph.
5.
With respect to paragraph 12 of the Amended Complaint, Defendant admits that
jurisdiction and venue are proper in the Third Circuit Court pursuant to statute but denies the
remaining allegations in the paragraph.
6.
With respect to paragraphs 16, 24 through 27 of the Amended Complaint,
Defendant states that the cited statute and/or administrative rule and/or application speaks for
itself.
2
7.
Defendant admits the allegations contained in paragraph 18 of the Amended
Complaint.
8.
Defendant denies the allegations contained in paragraphs 22, 23, 28 through 30
of the Amended Complaint.
9.
Defendant denies each and every allegation contained in the Amended Complaint
not specifically admitted herein above.
THIRD DEFENSE
10.
Plaintiff lacks standing.
FOURTH DEFENSE
11 .
Defendant Plaintiffs' claims are barred by the doctrines or defenses of illegality,
impracticality, violation of public policy, and/or ultra vires.
FIFTH DEFENSE
12.
Plaintiffs ' claims are barred by waiver, estoppel, and/or laches.
SIXTH DEFENSE
13.
Defendant intends to rely upon any matter constituting an avoidance or
affirmative defense as set forth in Rule 8(c) of the Hawai' i Rules of Civil Procedure, and intends
to seek leave to amend its answer to allege any such matters of which it may become aware
during the course of discovery or trial of this action.
SEVENTH DEFENSE
14.
Defendant reserves the right to identify additional defenses which may be
adduced through further investigation and discovery.
EIGHTH DEFENSE
15.
Plaintiffs have failed to exhaust the applicable administrative remedies .
3
Dated:
Honolulu, Hawai' i, _ _ _
NO_V_3_0_20_15_------=-
·~A\r \ rU~
~-S.+-~-K-IN-A-G-A--RY AN M. AKAMINE
BRUCE Y. MATSUI
Attorneys for Defendant
UNIVERSITY OF HAW AI' I
5
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAI' I
RALPH PALIKAPU DEDMAN; TERRI L.
NAPEAHI; ROBERT M. PETRICCI; RUTHREBECCAL YNNE TY ANA LOKELANI
ALOUA; ALICIA M. ILIKEA KAM;
WINTER NANI HOOHULI; CLARE
LOPRINZI; JOSEPH KASSEL ND, L.Ac.;
and MISHA KASSEL, MD,
)
)
)
)
)
)
)
Civil No. lS-1-274K
(Kona) (Environmental Court)
CERTIFICATE OF SERVICE
)
Plaintiffs,
)
)
)
)
v.
ST ATE OF HAW AI' I, DEPARTMENT OF
LAND AND NATURAL RESOURCES;
UNIVERSITY OF HAW ArI, HAW All
INSTITUTE OF GEOPHYSICS AND
PLANETOLOGY and CENTER FOR THE
STUDY OF ACTIVE VOLCANOES; and
JOHN DOES 1-10,
)
)
)
)
)
)
)
)
Defendants.
)
)
----------------------------)
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was duly served
upon the following by hand delivery (HD) to the following address or placing the same in the
NOV 30 2015
u.s. Mail, postage prepaid (M), addressed as follows, on _____________
__
GAR Y C. ZAMBER
Attorney at Law
21 Waianuenue Ave.,# 3
Hilo, HI 96720
Attorney for Plaintiffs
(M)
Dated:
Honolulu, Hawai ' i,
NOV 3 0 2015
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CARR K. &OKINAGA
RYAN M. AKAMINE
BRUCE Y. MATSUI
Attorneys for Defendant
UNIVERSITY OF HAW AI'I
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