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MAILE SKY v. CITY & COUNTY OF HONOLULU

Nos. 19835, 19836.

936 P.2d 672 (1997)

85 Hawai`i 36

In the Matter of the Tax Appeal of MAILE SKY COURT CO., LTD. v. CITY AND COUNTY OF HONOLULU, Appellee.

Supreme Court of Hawai`i.

As Amended May 6, 1997.

Attorney(s) appearing for the Case

Carlito P. Caliboso (Donna Y. L. Leong with him on the briefs of Cades Schutte Fleming & Wright), Honolulu, for Appellant Maile Sky Court Co., Ltd.

Susan A. Bender, Deputy Corporation Counsel, Real Property Division, on the briefs, Honolulu, for Appellee City and County of Honolulu.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

KLEIN, Justice.

Appellant Maile Sky Court Company, Ltd. (MSC) appeals from the Tax Appeal Court's judgment concerning certain apartments in the Outrigger Maile Sky Court for the 1994 and 1995 tax years. The issue presented in this appeal is whether a party with a secondary contractual obligation to pay the tax assessed against another has a right to challenge that assessment to the Tax Appeal Court under Hawai`i Revised Statutes (HRS) § 232-1 (1993).

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