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STALLARD v. CONSOLIDATED MAUI, INC.

No. 22603.

83 P.3d 731 (2004)

103 Hawai'i 468

Veronica Anne STALLARD, As Trustee of the Veronica Anne Stallard Trust dated March 3, 1994, Plaintiff-Appellant, v. CONSOLIDATED MAUI, INC., a Hawai`i Corporation, and Association of Apartment Owners of Maui Isana Resort, a Hawai`i Non-profit Corporation, Defendants-Appellees, and John Does 1-10; Jane Does 1-10, Doe Corporations 1-10, and Doe Governmental Entities 1-10, Defendants.

Supreme Court of Hawai`i.

Reconsideration Denied February 26, 2004.

Attorney(s) appearing for the Case

Dennis Niles, William M. McKeon and Carla M. Nakata (Paul, Johnson, Park & Niles), Wailuku, on the briefs, for plaintiff-appellant.

Philip J. Leas and Theodore D.C. Young (Cades Schutte Fleming & Wright), Honolulu, on the briefs, for defendant-appellee Consolidated Maui, Inc.

Larry C.Y. Lee, Honolulu, and Glen M. Kosaka, on the briefs, for defendant-appellee Association of Apartment Owners of Maui Isana Resort.

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

Opinion of the Court by ACOBA, J.

We hold that, because Hawai`i Revised Statutes (HRS) § 514E-6 (1993), relating to time sharing,1 applies to a project that is not a hotel and Maui County Code (MCC) § 19.37.010C pertains to time sharing in a hotel district, the aforesaid MCC section does not cover the same subject matter or conflict with HRS § 514E-6. Thus, MCC § 19.37.010C is not preempted by HRS § 514E-6. Whereas...

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