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SANDSTROM v. LARSEN

No. 6255.

583 P.2d 971 (1978)

Carl SANDSTROM and Margaret Sandstrom, Plaintiffs-Appellees, v. Cyril C. LARSEN and Marjorie H. Larsen, Defendants-Appellants.

Supreme Court of Hawaii.

August 23, 1978.

Attorney(s) appearing for the Case

John R. Williams, Honolulu (Chee, Hashimoto, Lee & Oshiro, Honolulu, of counsel), for defendants-appellants.

Susan P. Walker, Honolulu (Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel), for plaintiffs-appellees.

Before RICHARDSON, KOBAYASHI, OGATA, MENOR and KIDWELL, JJ.

OGATA, Justice.

This is an action for a mandatory injunction to require defendants-appellants Cyril and Marjorie Larsen (hereinafter appellants) to remove the top story of their residential structure. The court below issued the mandatory injunction pursuant to its finding that appellants' structure violates a restrictive height covenant applicable to appellants' property.

Appellants first contest the trial court's finding that there was no abandonment of the...

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