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PARADISE HUI HANALIKE v. HAWAIIAN PARADISE

No. 8699.

662 P.2d 211 (1983)

PARADISE HUI HANALIKE, a Hawaii non-profit corporation, Cynthia Ann Holmes, Charles Richard Myers, Aimee Mooklar Myers, Carol Ruth Whillidin, Azalee Say Pauloski, John Edward Pauloski, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. HAWAIIAN PARADISE PARK CORPORATION, a Hawaii corporation, Albert Joseph Sieman, Grace L. Sieman, Thomas N. Evans, Marion M. Evans, Charles B. Dyer, Alexander G. Wilson, Martha L. Wilson, Clyde Neil Brazier, individually, and as representatives of all other persons similarly situated, Defendants-Appellees.

Supreme Court of Hawaii.

April 25, 1983.

Attorney(s) appearing for the Case

Stuart H. Oda, Hilo, for plaintiffs-appellants.

Steven K. Christensen, Hilo, for defendants-appellees.

Before LUM, Acting C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and GREIG, Circuit Judge, assigned by reason of vacancy.

PADGETT, Justice.

This is an appeal from a judgment in favor of the appellees in a suit brought by the appellants for a mandatory injunction. We reverse and remand.

Appellant Paradise Hui Hanalike, a Hawaii non-profit corporation, and certain individual lot owners in the Hawaiian Paradise Park subdivision brought an action to require the owners of lots in Increment I of that subdivision to contribute to the maintenance of the private roadways in the subdivision...

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