§603-23  Injunction of violation of laws and
ordinances.  The circuit courts shall have power to enjoin or prohibit any
violation of the laws of the State, or of the ordinances of the various
counties, upon application of the attorney general, the director of commerce
and consumer affairs, or the various county attorneys, corporation counsels, or
prosecuting attorneys, even if a criminal penalty is provided for violation of
the laws or ordinances.  Nothing herein limits the powers elsewhere conferred
on circuit courts. [L 1892, c 57, pt of §37; am L 1903, c 32, pt of §11; am L
1915, c 99, pt of §1; RL 1925, pt of §2248; am L 1929, c 18, pt of §1; RL 1935,
pt of §3644; RL 1945, pt of §9648; RL 1955, pt of §215-18; am L 1957, c 287,
§1; HRS §603-23; am L 1972, c 88, §3(n); am L 1975, c 134, §1; am L 1996, c 30,
§1]



 



Case Notes



 



  City may bring action for mandatory injunction to remove
structure that is a nuisance.  45 H. 232, 364 P.2d 646.



  Continuing operation of a private school without license
required by law is per se an irreparable injury to public policy.  65 H. 289,
651 P.2d 473.



  This section is not a jurisdiction-conferring statute, but
merely authorizes the circuit courts to afford injunctive relief, provided
"there is a jurisdictional basis for equity to act"; therefore, this
section did not provide the trial court with subject matter jurisdiction.  106
H. 198, 103 P.3d 358.



  Circuit court had subject matter jurisdiction over the case
where county's first amended complaint asserted jurisdiction pursuant to
§603-21.5, which provided the independent jurisdictional basis for the action
brought pursuant to this section.  115 H. 15, 165 P.3d 916.



  Allows courts to enjoin public nuisance; does not extend
equity jurisdiction to enforcement of criminal laws.  5 H. App. 463, 701 P.2d
175.



  Mentioned:  52 H. 427, 478 P.2d 320.