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REEFSHARE, LTD. v. NAGATA

No. 12522.

762 P.2d 169 (1988)

REEFSHARE, LTD., a Hawaii corporation; and Association of Apartment Owners of Kona Reef, by its Board of Directors, Plaintiffs-Appellants, v. Russel S. NAGATA, in his capacity as former Director of the Department of Commerce and Consumer Affairs of the State of Hawaii; Evan Clair Hoogs, Mike Lovernich, Mary Lovernich, Joseph Curtis Tyler, Jr., Thelma Weeks Tyler, William Hall, Martin Sherman, Janet Louise Sherman, John Does 7-10, Jane Does 8-10; Doe Partnerships 1-10; Doe Unincorporated Associations 1-10; Doe Corporations 1-10; Doe Non-Profit Corporations 1-10; and Doe Governmental Agencies 1-10, Defendants-Appellees.

Supreme Court of Hawaii.

October 6, 1988.

Attorney(s) appearing for the Case

A. Bernard Bays (Carl H. Osaki with him on the briefs, Bays, Deaver, Hiatt, Kawachika & Lezak, of counsel), Honolulu, for plaintiffs-appellants.

Paul T. Tsukiyama, Deputy Atty. Gen., Honolulu, for defendant-appellee Nagata.

Kenneth A. Ross (Goodsill, Anderson, Quinn & Stifel, of counsel), Kailua-Kona, for defendants-appellees Lovernich, et al.

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

LUM, Chief Justice.

I.

The United States District Court for the District of Hawaii has certified three questions of law to this court based upon the following certified facts:

Plaintiff Reefshare, Ltd. ("Reefshare") seeks to be the developer of a time share ownership plan at the Kona Reef Condominium Project ("the Project"), consisting of 130 units, located in Kailua-Kona on the island of Hawaii. Reefshare owns one condominium unit at the project...

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