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



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



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



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



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



(5)  By suit, action, or proceeding in any court of
competent jurisdiction, require the board and the members thereof to account as
if 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).