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WAIKIKI MALIA HOTEL, INC. v. KINKAI PROPERTIES LIMITED PARTNERSHIP

No. 15184.

862 P.2d 1048 (1993)

WAIKIKI MALIA HOTEL, INC., a Hawaii corporation, Plaintiff-Appellee/Cross-Appellant, v. KINKAI PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, Defendant-Appellant/Cross-Appellee, and MNS, Ltd., a Hawaii corporation, Defendant-Appellee/Cross-Appellee.

Supreme Court of Hawaii.

November 19, 1993.

Attorney(s) appearing for the Case

Robert J. Faris and Russell L. Ching of Gelber, Gelber, Ingersoll & Klevansky, on the briefs, Honolulu, for plaintiff-appellee/cross-appellant Waikiki Malia Hotel, Inc.

James A. Stubenberg, Frederick W. Rohlfing III, and Lorrie Lee Stone of Stubenberg & Durrett, and David L. Callies of the William S. Richardson School of Law, on the briefs, Honolulu, for defendant-appellant/cross-appellee Kinkai Properties Limited Partnership.

Vernon T. Tashima and Wayne H. Tashima, on the briefs, Honolulu, for defendant-appellee/cross-appellee MNS, Ltd.

Before MOON, C.J., LEVINSON, J., JAMES S. BURNS, Intermediate Court of Appeals Chief Judge, in place of KLEIN, J., recused, WALTER M. HEEN, Intermediate Court of Appeals Associate Judge, in place of LUM, C.J., recused, and ACOBA, Circuit Judge, assigned by reason of vacancy.

MOON, Chief Justice.

This consolidated appeal involves the interpretation and enforcement of a restrictive covenant of a deed. Defendant-appellant/cross-appellee Kinkai Properties Limited Partnership (Kinkai) appeals from the amended final judgment entered pursuant to the circuit court's grant of summary judgment in favor of plaintiff-appellee/cross-appellant Waikiki Malia Hotel, Inc. (WMH) wherein the court determined that the height restriction imposed by the covenant...

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