§206-31  Remedies of an obligee; mandamus,injunction, possessory action, receiver, accounting, etc.  An obligee ofthe board of land and natural resources may, in addition to all other rightswhich may be conferred on the obligee, subject only to any contractualrestrictions binding upon the obligee, and subject to the prior and superiorright of others:

(1)  By mandamus, suit, action, or proceeding in law,compel the board, and the members, officers, agents, or employees thereof, toperform each and every term, provision, and covenant contained in any contractof the board, and require the carrying out of any or all covenants andagreements of the board and the fulfillment of all duties imposed upon theboard by this chapter;

(2)  By suit, action, or proceeding in equity, enjoinany act or thing which may be unlawful, or the violation of any of the rightsof the obligee of the board;

(3)  By suit, action, or proceeding in any court ofcompetent jurisdiction, cause possession of any project or any part thereof tobe surrendered to any obligee having the right to such possession pursuant toany contract of the board;

(4)  By suit, action, or proceeding in any court ofcompetent jurisdiction, upon the happening of an event of default (as definedin a contract of the board), obtain the appointment of a receiver of anydevelopment project of the board or any part or parts thereof and, if thereceiver be appointed, the receiver may enter and take possession of theproject or any part or parts thereof and operate and maintain same, and collectand receive all revenues or other charges thereafter arising therefrom in thesame manner as the board itself might do, and shall keep such moneys in aseparate account or accounts and apply the same in accordance with theobligations of the board as the court shall direct;

(5)  By suit, action, or proceeding in any court ofcompetent jurisdiction, require the board and the members thereof to account asif it and they were the trustees of an express trust. [L 1961, c 6, §29; Supp,§98J-29; HRS §206-31; gen ch 1985]

 

Rules of Court

 

  One form of action,see HRCP rules 1, 2, 81(i).