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MAUI LAND & PINEAPPLE CO. v. DILLINGHAM

No. 9057.

674 P.2d 390 (1984)

MAUI LAND AND PINEAPPLE COMPANY, INC., a Hawaii corporation, Plaintiff-Appellee, v. DILLINGHAM CORPORATION, a Hawaii corporation, Ala Moana Hawaii Properties, a Hawaii limited partnership, Brooks Walker, Jr., Ray L. Wilson, Jr., and David T. Pietsch, Defendants-Appellants.

Supreme Court of Hawaii.

January 11, 1984.

Attorney(s) appearing for the Case

John Jubinsky, Honolulu (Rosemary T. Fazio, with him on the briefs; Ashford & Wriston, Honolulu, of counsel), for defendants-appellants Ala Moana Hawaii Properties, et al.

Maria Sousa, Honolulu, for defendant-appellant Dillingham Corp.

William F. Crockett, Wailuku (Crockett & Nakamura, Wailuku, of counsel), for plaintiff-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

NAKAMURA, Justice.

The issue is whether the conveyance of a lease by the Dillingham Corporation (Dillingham or the corporation) to Ala Moana Hawaii Properties (Ala Moana), a limited partnership whose limited partners are the corporation's stockholders, was an "assignment" for purposes of Paragraph 15(a) of the lease agreement between Dillingham and the Maui Land and Pineapple Company, Inc. (Maui Land). The Circuit Court of the Second Circuit held that the transfer...

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