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MOFFAT v. SPEIDEL

No. 7010.

631 P.2d 1205 (1981)

Catherine Y. MOFFAT aka Yoshino Okita Moffat, Plaintiff-Appellee, v. Michael P. SPEIDEL, Defendant Counter-Claimant and Third-Party Plaintiff-Appellant, v. David Livingston MOFFAT, Third-Party Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

August 6, 1981.

Attorney(s) appearing for the Case

Robert B. Bunn, Honolulu (John R. Aube, Honolulu, on briefs, Cades Schutte Fleming & Wright, Honolulu, of counsel), for defendant counter-claimant and third-party plaintiff-appellant.

Michael D. Smith, Honolulu (Carroll & Smith, Honolulu, of counsel), for plaintiff-appellee.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.

PADGETT, Judge.

This is an appeal from an injunction forbidding appellant from undertaking or continuing any construction on or sufficiently near a common road right-of-way which would in any way interfere with the co-tenants' full use and enjoyment thereof, and ordering appellant (1) to remove all construction he had placed within the right-of-way area including fences, guardrails and stairs and (2) to restore the right-of-way to its prior condition.

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