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OWNERS OF KUKUI PLAZA v. HONOLULU

No. 11065.

742 P.2d 974 (1987)

ASSOCIATION OF OWNERS OF KUKUI PLAZA, an unincorporated Hawaii association, by its Board of Directors, Plaintiff-Appellee, v. CITY AND COUNTY OF HONOLULU, Defendant-Appellant and Third-Party Plaintiff, v. William M. HALES, Jr., in his capacity as Trustee of the Liquidating Trust for Shareholders of Oceanside Properties, Inc., Third-Party Defendant.

Intermediate Court of Appeals of Hawaii.

As Amended October 5, 1987.

Attorney(s) appearing for the Case

Randolph R. Slaton, Williams, Slaton & Yamada, Honolulu, for defendant-appellant and third-party plaintiff.

G. Stephen Elisha, Dinman Nakamura Elisha & Nakatani, Honolulu, for plaintiff-appellee.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

HEEN, Judge.

Defendant-Appellant City and County of Honolulu (City) appeals from the permanent injunction issued against it by the circuit court.1 We generally affirm, but remand with instructions to amend the injunction consistent with this opinion.

I.

The dispute here is whether, under the amended declaration of horizontal property regime for the Kukui Plaza condominium (Kukui Plaza), the City is required to make the...

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