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BREMER v. WEEKS

No. 23812.

85 P.3d 150 (2004)

104 Hawai`i 43

Alan Keith BREMER, Plaintiff-Counterclaim Defendant-Appellant/Cross-Appellee, v. John Douglas WEEKS II, also known as Bobby Weeks, Defendant-Counterclaimant-Appellee/Cross-Appellant, and Kamehameha Schools, formerly referred to as Kamehameha Schools/Bernice P. Bishop Estate, Doe, Defendant-Appellee, and John Does 2-100, Defendants.

Supreme Court of Hawaii.

February 17, 2004.

Attorney(s) appearing for the Case

Mark Van Pernis (of Van Pernis, Smith & Vancil), [withdrew eff. 8/10/03]; Gary W. Vancil and David E. Smith (current counsel of record), Kailua Kona, on the briefs, for Alan Keith Bremer.

Michael J. Matsukawa, on the briefs, for John Douglas Weeks II.

G. Richard Morry and Cheryl A. Nakamura (of Rush Moore Craven Sutton Morry & Beh), Honolulu, on the briefs, for Kamehameha Schools.

Carl C. Christensen, Honolulu, on the briefs, for amicus curiae Native Hawaiian Legal Corporation.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.

Opinion of the Court by MOON, C.J.

This appeal arises out of plaintiff-counterclaim defendant-appellant/cross-appellee Alan Keith Bremer's1 claim to a right of way under Hawai'i Revised Statutes (HRS) § 7-1 (1993)2 over the makai3 (westerly) portion of a trail parcel owned by defendant/counterclaimant-appellee/cross-appellant John Douglas Weeks, II (Defendant Weeks). Plaintiff...

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