KEAUHOU MASTER HOMEOWNERS v. HAWAI'I CTY

No. 23520.

87 P.3d 883 (2004)

104 Hawai'i 214

KEAUHOU MASTER HOMEOWNERS ASSOCIATION, INC., a Hawai'i non-profit corporation; William S. Taylor, as an individual, a trustee of the William S. Taylor Trust and as a representative of a class of taxpayers and homeowners residing in Keauhou, Hawai'i; and Walter Kriewald, as an individual and as a representative of a class of homeowners residing in Keauhou, Hawai'i, Plaintiffs-Appellants, v. COUNTY OF HAWAI'I, a municipal corporation, Harry Kim, in his capacity as a Mayor, Ronald K. Takahashi, in his capacity as Deputy Director of Public Works, Bruce McClure, in his capacity as Director of Public Works, Kamehameha Schools/Bernice Pauahi Bishop Estate, a Hawai'i non-profit trust organization, Lokelani Lindsey, Henry Peters, Oswald Stender, Richard Wong and Gerard A. Jervis as Trustees of the Bernice Pauahi Bishop Estate, Kamehameha Investment Corporation, a Hawai'i corporation, and Watanabe, Ing & Kawashima, a Hawai'i partnership, Defendants-Appellees.

Supreme Court of Hawai'i.

April 8, 2004.


Attorney(s) appearing for the Case

Francis L. Jung, Kailua Kona, (of Jung & Vassar), for the plaintiffs-appellants Keauhou Master Homeowners Association, Inc., et al.

James E. Duffy, Honolulu, (of Fujiyama, Duffy & Fujiyama), for the defendants-appellees Watanabe, Ing & Kawashima.

MOON, C.J., LEVINSON, NAKAYAMA, and ACOBA, JJ., and Circuit Judge McKENNA, in Place of DUFFY, J., recused.


Opinion of the Court by LEVINSON, J.

The plaintiffs-appellants William S. Taylor, as an individual, a trustee of the William S. Taylor Trust, and as a representative of a class of taxpayers and homeowners residing in Keauhou, Hawai'i, and Walter Kriewald, as an individual and as a representative of a class of homeowners residing in Keauhou, Hawai'i [hereinafter, collectively, "the Appellants"],4

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