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ALDEN v. PALISADES, INC.

No. 7825.

641 P.2d 330 (1982)

John ALDEN, George Behrmann, Carroll Lindley, Clifford Poulton, Howard Gilb, Virginia Cavanagh Allen, and L.F. McDivitt, Plaintiffs-Appellees, v. KONA PALISADES, INC., a Hawaii Corporation, Kona Palisades Estates Community Association, a Hawaii Non-Profit Corporation, Joann Williams, Frank D'Agostine, Richard Clark, George Parker, Henry Silva, Richard Moody, Peter DeSerpe and Does 1-20, Individually and as Officers, Directors, Agents or Employees of Kona Palisades Estates Community Association, Defendants-Appellants, and KONA PALISADES ESTATES COMMUNITY ASSOCIATION, A Hawaii Non-Profit Corporation, Third-Party Plaintiffs-Appellants, v. J. Carl OSBORNE, Trustee in Re-Organization for THC Financial Corp., a Hawaii Corporation, Third-Party Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

February 25, 1982.

Attorney(s) appearing for the Case

Robert L. Smith, Kailua-Kona (Cohn & Smith, Kailua-Kona, of counsel), for defendants-appellants.

Max Crittenden, Gary M. Pakele, Kailua-Kona, on the answering brief (Crittenden & Love, Kailua-Kona, of counsel), for plaintiffs-appellees.

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

PER CURIAM.

Kona Palisades, Inc. (Association) appeals the granting of summary judgment and permanent injunctive relief against it for violation of a restrictive covenant.

Based upon the record before us, we hold that summary judgment was improperly granted and reverse.

This action has its genesis in an earlier class-action suit filed by the Kona Palisades Estates Community Association (Association) on behalf of its membership against the THC Financial...

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