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KAM v. NOH

No. 12861.

770 P.2d 414 (1989)

Calvin Chock Ming KAM and Shirley Sau Ling Kam, Plaintiffs-Appellants, and State of Hawaii, Department of Land and Natural Resources, Intervenor-Plaintiff-Appellant, v. Edwin Cha Son NOH, Miriam Chun Noh, and Charles Yoo, doing business as C. Yoo Construction, Defendants-Appellees.

Supreme Court of Hawaii.

March 9, 1989.

Attorney(s) appearing for the Case

James N. Duca (Daniel Orodenker with him on the briefs), Kessner, Duca & Maki, Honolulu, for plaintiffs-appellants.

Lane T. Ishida (Johnson H. Wong and Derwin Hayashi with him on the briefs), Deputy Attys. Gen., Honolulu, for intervenor-plaintiff-appellant.

Stanley D. Suyat (Gilbert S. Coloma-Agaran with him on the brief), Carlsmith, Wichman, Case, Mukai & Ichiki, Honolulu, for defendants-appellees.

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

LUM, Chief Justice.

The question presented in this appeal is whether a restrictive covenant in a deed imposing building height limitations expired by operation of Hawaii Revised Statutes (HRS) § 171-63(b). The statute, relating to the sale of public lands by the State, provides that "all restrictions relating to the use" of residential lots sold in fee simple shall expire within ten years after issuance of the deed. The court below dismissed Appellants' complaint...

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