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CLARK v. WODEHOUSE

No. 8104.

669 P.2d 170 (1983)

Richard W. CLARK and Manfred Cieslik, Plaintiffs-Appellants, v. James H. WODEHOUSE, Jr., Robert Michael Pickett, and Michael John Fann, Defendants-Appellees, and Does 1 through 10, individually and as agents, employees and licensees of James H. Wodehouse, Jr., Defendants.

Intermediate Court of Appeals of Hawaii.

September 9, 1983.

Attorney(s) appearing for the Case

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

Katsuya Yamada, Hilo, for defendants-appellees.

Before BURNS, C.J., TANAKA, J. and RONALD T.Y. MOON, Circuit Judge, in place of HEEN, J., Recused.

TANAKA, Judge.

In this action, plaintiffs Richard W. Clark (Clark) and Manfred Cieslik (Cieslik) sought to enjoin defendant James H. Wodehouse, Jr. (Wodehouse) and others1 from constructing a dwelling house in contravention of a building height restriction. Plaintiffs appeal from the judgment denying them injunctive relief. We reverse and remand.

The Kona Heavens Subdivision (Subdivision) consists of three increments. The owners...

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