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PENNEY v. ASSOCIATION OF APT. OWNERS

No. 13113.

776 P.2d 393 (1989)

Robert C. PENNEY and P. Jean Penney, husband and wife, Plaintiffs-Appellants, v. ASSOCIATION OF APARTMENT OWNERS OF HALE KAANAPALI, an association of apartment owners, Defendant, Hale Kaanapali Hotel Associates, a Hawaii limited partnership, Defendant-Appellee, John Does and Jane Does, individuals, Partnerships, Corporations, Trustees or Other Entities 1-500, Defendants.

Supreme Court of Hawaii.

June 19, 1989.

Attorney(s) appearing for the Case

James R. Judge (Linnel T. Nishioka with him on the briefs, of Foley, Maehara, Judge & Nip), for plaintiffs-appellants Robert C. Penney and P. Jean Penney.

Alexander T. MacLaren (Walter G. Chuck of Chuck, Jones and MacLaren), for defendant-appellee Hale Kaanapali Hotel Associates.

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

WAKATSUKI, Justice.

Robert C. Penney and P. Jean Penney (Plaintiffs-Appellants) are owners of an apartment in Hale Kaanapali, a condominium project which has both residential/hotel apartments and apartments used as commercial spaces. Hale Kaanapali Hotel Associates, a Hawaii Limited Partnership, (Defendant-Appellee) is the owner of an apartment designated in the Declaration of the horizontal property regime as Building F constituting a snack bar containing 625 square...

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