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ASS'N OF APARTMENT OWNERS, ETC. v. M.F.D., INC.

No. 6277.

587 P.2d 301 (1978)

The ASSOCIATION OF APARTMENT OWNERS OF the GOVERNOR CLEGHORN, Peter Savio, Phyllis Savio, Mary Savio, Leo F. Lomski, Virginia Lomski, Violet G. Eisner, William F. Boehl, Reynold Reep, Donald Chee, Fay Gilbert, Nip Akona, Barbara Burbank, Virginia Russell, Robert Lee, and Lionel G. Lino, Plaintiffs-Appellees, v. M.F.D., INC., a Hawaii Corporation, Watters O. Martin, and Dolores F. Martin, Defendants-Appellants, and Building Board of Appeals for the City and County of Honolulu, an agency of the City and County of Honolulu, Robert Y. Katsura, Individually and in his capacity as Chairman, Building Board of Appeals, Defendants.

Supreme Court of Hawaii.

Rehearing Denied January 31, 1979.

Attorney(s) appearing for the Case

Gilbert D. Butson, Honolulu (Anthony, Hoddick, Reinwald & O'Connor, Honolulu, of counsel), for defendants-appellants.

Edward Cooper Brown, Honolulu (Paul G. McCarthy, Honolulu, with him on the brief), for plaintiffs-appellees.

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

RICHARDSON, Chief Justice.

M.F.D., Inc., Watters O. Martin, and Dolores F. Martin (hereinafter, appellants) appeal from a circuit court decision and order reversing a reinstatement order issued by the Building Board of Appeals of the City and County of Honolulu (hereinafter, Board). We vacate the orders of the lower court and the Board and dismiss the appeal.

On May 4, 1970, the Building Department of the City and County of Honolulu (hereinafter, Building...

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