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STATE SAV. & LN. v. KAUAIAN DEV.

No. 4590.

50 Haw. 540 (1968)

445 P.2d 109

STATE SAVINGS AND LOAN ASSOCIATION, A CORPORATION, v. KAUAIAN DEVELOPMENT COMPANY, INC., KAUAIAN LAND COMPANY, INC., ET AL.

Supreme Court of Hawaii.

September 27, 1968.

Attorney(s) appearing for the Case

Helen B. Ryan (Ryan & Ryan of counsel) and Milton W.B. Choy (Kim & Choy of counsel) for certain defendants-appellants.

James S. Campbell and Douglas E. Prior (Smith, Wild, Beebe & Cades of counsel) for plaintiff-appellee.

Ton Seek Pai (Okumura & Takushi) for Better-Built Hawaii, Limited and Johnson & Rognstad.

Norito Kawakami and Edward Stanwood for defendant-appellee Kauai Commercial Company, Ltd.

Tatsuo Asari for E.F. Nilson, lien claimant, defendant-appellee.

ABE AND LEVINSON, JJ., CIRCUIT JUDGE KING IN PLACE OF RICHARDSON, C.J., DISQUALIFIED, CIRCUIT JUDGE DOI IN PLACE OF MARUMOTO, J., DISQUALIFIED, AND CIRCUIT JUDGE FUKUSHIMA, ASSIGNED BY REASON OF VACANCY.

OPINION OF THE COURT BY LEVINSON, J.

This is the first case to reach this court involving a condominium. The statute under which we decide this case is the Horizontal Property Regimes Act, S.L.H. 1961, Act 180, as amended by S.L.H. 1962, Act 9 (hereinafter "H.P.R.A." shall mean Act 180 as amended by Act 9).1 The plaintiff, State Savings & Loan Association, brought this action to foreclose a mortgage given to it by Kauaian Development...

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