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Aug. 2 hearing on marine sports operators’ bid to remove bond
Superior Court Associate Judge Joseph N. Camacho will hear on Aug. 2, 2012, the marine sports operators’ request to amend a court order that requires them to post a $62,034 bond for them to regain access to Managaha.
In an order issued Thursday, Camacho ordered all parties in the case to appear at the Aug. 2 hearing at 9am.
Camacho said he may or may not hear any motions filed in this matter after the date of his order at the scheduled hearing.
On Wednesday, marine sports operators filed a motion asking the court to either remove the bond or to only require a nominal bond.
F. Matthew Smith, one of the lawyers for the marine sports operators, stated that Camacho should amend his July 19, 2012 order, given the urgency of the matter, the irreparable harm already being suffered by their clients, the likelihood of success on the merits, and the general lack of financial means.
In that July order, Camacho granted the marine sports operators’ request to maintain the status quo on Managaha access until their lawsuit against the Department of Public Lands 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 a $62,034 bond.
Camacho said the preliminary injunction shall take effect once the full bond is remitted to the court.
In the petitioners’ motion to modify the bond requirement, Smith said that Camacho erroneously required the bond where none is required.
By Ferdie de la Torre
Reporter
