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APARTMENT OWNERS v. WAILEA RESORT

No. 22412.

58 P.3d 608 (2002)

100 Hawai`i 97

ASSOCIATION OF APARTMENT OWNERS OF WAILEA ELUA, Plaintiff-Appellee, v. WAILEA RESORT COMPANY, LTD., a Hawai`i corporation, Defendant-Appellee, and County of Maui, Defendant-Appellant, and Wailea Development Company, a Joint Venture, John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, Doe Partnerships 1-10, Doe Entities 1-10, and Doe Governmental Units 1-10, Defendants. Association of Apartment Owners of Wailea Elua, Plaintiff-Appellee, v. Wailea Resort Company, Ltd., a Hawai`i corporation, Defendant-Appellant, and County of Maui, Defendant-Appellee, and Wailea Development Company, a Joint Venture, John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, Doe Partnerships 1-10, Doe Entities 1-10, and Doe Governmental Units 1-10, Defendants.

Supreme Court of Hawai`i.

November 29, 2002.

Attorney(s) appearing for the Case

Kelly A. Cairns, Deputy Corporation Counsel, on the briefs, for defendant-appellant/appellee County of Maui.

Michael D. Tom and Lyle M. Ishida, Honolulu, (of Tom & Petrus), on the briefs, for defendant-appellee/appellant Wailea Resort Company, Ltd.

Robert E. Rowland and Matthew V. Pietsch, Kahului, (of Mancini, Rowland & Welch), on the briefs, for plaintiff-appellee Association of Apartment Owners of Wailea Elua.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ.; RAMIL, J., concurring separately, with WHOM ACOBA, J., joins.

Opinion of the Court by MOON, C.J.

Defendant-appellant/appellee County of Maui (the County) and defendant-appellee/appellant Wailea Resort Company, Ltd. (WRC) appeal several orders of the Second Circuit Court, the Honorable E. John McConnell presiding, and the circuit court's March 9, 1999 Amended Judgment entered thereon by the Honorable Artemio C. Baxa, in favor of plaintiff-appellee Association of Apartment Owners of Wailea Elua (the Association). The judgment...

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