VILLAGE PARK COMMUNITY ASS'N v. NISHIMURA

No. 26061.

122 P.3d 267 (2005)

108 Hawai`i 487

VILLAGE PARK COMMUNITY ASSOCIATION, Plaintiff-Appellee and Cross-Appellant, v. Steven NISHIMURA and Elizabeth Nishimura, Defendants-Appellants and Cross-Appellees.

Intermediate Court of Appeals of Hawaii.

Certiorari Dismissed November 14, 2005.


Attorney(s) appearing for the Case

Terrance M. Revere, Brian A. Bilberry, and Jacqueline E. Thurston (Motooka, Yamamoto & Revere), Honolulu, on the briefs, for Defendants-Appellants and Cross-Appellees.

William J. Deeley, Dennis W. King, and Charles R. Prather (Deeley, King & Pang), Honolulu, on the briefs, for Plaintiff-Appellee and Cross-Appellant.

BURNS, C.J., and FUJISE, J.; with FOLEY, J., Concurring Separately and Dissenting.


Opinion of the Court by BURNS, C.J.

Plaintiff-Appellee and Cross-Appellant Village Park Community Association (the Association) is a Hawai`i nonprofit corporation whose members are the owners of residential properties at the Village Park Community, a planned residential community. Defendants-Appellants and Cross-Appellees Steven Nishimura and Elizabeth Nishimura (Defendants or the Nishimuras) are co-owners of a house and lot within the Village Park Community.

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