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PELOSI v. WAILEA RANCH ESTATES

No. 15585.

876 P.2d 1320 (1994)

Angelo PELOSI, Plaintiff-Appellant, v. WAILEA RANCH ESTATES, a Hawai`i General Partnership, John Kean, Stephen Pitt, Satish Gholkar, Eduardo F. Bello, Hugh Jeffrey Farrington, Stephen K. Rink, Stephen M. Swanson, Louise S. Swanson, Margaret S. Smith, Batte T.L. Smith, Nahbut L. Smith, Peter Tucker, Lynne Coleman Tucker, Marc O. Yoshizumi, Davis Roland King, Dorian Keyes King, Dennis Rush, Cindy Rush, O'Green Estate, Bob Nick Oosterveen, Diane Oosterveen, Jane Greenspun, Ronald G. Mann, Edna Joan Mann, Stephen Fowler Chadwick, Annice Buckner Chadwick, Gerald K. Wong, Chu II Wong, John Does 1-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, and Doe Governmental Entities 1-10, Defendants-Appellees.

Intermediate Court of Appeals of Hawai`i.

As Amended July 7, 1994.

Reconsideration Denied July 13, 1994.

Certiorari Denied August 4, 1994.

Attorney(s) appearing for the Case

Edward F. Mason (Eugene S. Evans, Jr., with him on the briefs; Mason & Evans, of counsel), Wailuku, Maui, for plaintiff-appellant.

Gary Robert, on the brief, Lahaina, Maui, for defendants-appellees.

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

WATANABE, Judge.

This appeal involves the interpretation of a restrictive covenant which precludes houselots in the Maui Meadows III (MM III) Subdivision from being used "except for residential purposes." The primary issue is whether the general partnership which owned one of the houselots breached the covenant when it constructed across its houselot a roadway to an adjoining subdivision and a tennis court for use by the residents of the adjoining subdivision.

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