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 (1961).

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 (1982).

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 (2004).

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 (2007).

Allows courts to enjoin public nuisance; does not extend equity jurisdiction to enforcement of criminal laws. 5 H. App. 463, 701 P.2d 175 (1985).

Mentioned: 52 H. 427, 478 P.2d 320 (1970).

 

 

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