KAU v. CITY AND COUNTY OF HONOLULU

No. 23674.

92 P.3d 1000 (2001)

104 Hawai'i 490

Violet Leong KAU; Helen Gau Ngee Leong Lam; Jeremy Mun Shan Lam, individually and as Trustee under Declaration and Agreement of Trust dated June 29, 1981, executed by Julie Lynn Lam as Settlor; Sherry Mei Lin Chun, individually and as Trustee under Declaration and Agreement of Trust dated June 29, 1981, executed by Gilbert Kwai Leong Chun as Settlor; Caroline Yee Ingersoll, individually and as Trustee under Declaration and Agreement of Trust dated May 8, 1981, executed by Richard King Ingersoll as Settlor; Jacqueline Yee Reber, individually and as Trustee under Declaration and Agreement of Trust dated May 8, 1981, executed by David James Reber as Settlor; Gwendolyn Yee Coolidge, individually and as Trustee Under Declaration and Agreement of Trust dated May 5, 1981, executed by Charles Johnson Coolidge as Settlor; and Eleanor L.O. Park, as Trustee under that certain Diane Joan Bishop Irrevocable Trust Agreement, dated October 2, 1991, that certain James Sung Nin Leong Irrevocable Trust Agreement, dated October 2, 1991, that certain Robert Sung Wah Leong Irrevocable Trust Agreement, dated October 2, 1991, and that certain David Sung Mun Leong Irrevocable Trust Agreement, dated October 2, 1991, Plaintiffs-Appellants, v. CITY AND COUNTY OF HONOLULU; Rodney E. Gardiner; Marilyn J. Gardiner; Henry A. Zuberano, Trustee; Ruth Ellen Onasch, Trustee; Patricia Ann Miller, Trustee; George W. Trendle; Corrine R. Trendle; Betsy Hammes; Linda E. Bolton; A. William Barlow, Trustee; Roberta Hale Barlow, Trustee; George E. Cramp, Trustee; Eleanor D. Cramp, Trustee; Landis V. Haugen; Jacinta L.L. Yu; Garrett Saikley; William Ganslen; and Madelyn Ganslen, Defendants-Appellees; and John Does 1-50, Jane Does 1-50, Doe Corporations 1-50, Doe Partnerships 1-50, and Doe Entities 1-50, Defendants.

Intermediate Court of Appeals of Hawai'i.

Certiorari Granted November 11, 2001.


Attorney(s) appearing for the Case

Richard K. Ingersoll, Simon Klevansky, and Robert J. Faris, Honolulu, (of counsel, Gelber, Gelber, Ingersoll, Klevansky & Faris), on the briefs, for Plaintiffs-Appellants.

David A. Nakashima, Honolulu, (of counsel, Alston Hunt Floyd & Ing), on the briefs, for Defendants-Appellees.


Opinion of the Court by BURNS, C.J.

In this cross-action for declaratory judgments, Plaintiffs-Appellants (the Lessors) appeal from the August 9, 2000 final judgment of the First Circuit Court. More specifically, the Lessors challenge the orders entered by Circuit Court Judge Gail C. Nakatani: (1) the November 22, 1999 "Order Granting Defendant-Lessees' Motion for Partial Summary Judgment [Filed July 16, 1999]" filed by Defendants-Appellees (the Assignee-Lessees of...

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