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COOTEY v. SUN INV., INC.

No. 9168.

718 P.2d 1086 (1986)

Patrick F. COOTEY and Yvonne M. Cootey, Respondents-Appellants, v. SUN INVESTMENT, INC., Respondent-Appellee, and COUNTY OF HAWAII, a municipal corporation, Petitioner-Appellee, Third-Party Plaintiff-Appellee, v. JHK TANAKA, INC., Respondent-Third-Party Defendant-Appellee.

Supreme Court of Hawaii.

May 15, 1986.

Attorney(s) appearing for the Case

Steven S.C. Lim, Deputy Corp. Counsel, Honolulu, for petitioner-appellee, third-party plaintiff-appellee.

Greg K. Nakamura, Rosdil & Nakamura, Hilo, for respondents-appellants.

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

WAKATSUKI, Justice.

This case comes before this court on petition for certiorari by the County of Hawaii from the Intermediate Court of Appeals (ICA).

The Appellants, Patrick and Yvonne Cootey, suffered damages when their house and lot were flooded five times between December 1978 and March 1980. The Cooteys believed that these floodings occurred as a result of the development of Unit I of the Puukapu Acres subdivision, mauka of

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