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LANSDELL v. COUNTY OF KAUAI

No. 26415.

130 P.3d 1054 (2006)

110 Hawai`i 189

Robert LANSDELL and Keiko Lansdell, Plaintiffs-Appellants v. COUNTY OF KAUAI, State of Hawai`i, Defendants-Appellees and Bali Hai Villas Limited Partnership, Bali Hai Villas Inc., Richard Vogel, Pamela Vogel, John Does 1-5, John Doe Corporations 1-5, John Doe Partnerships 1-5, Roe Non-Profit Organizations 1-5, and Roe Governmental Agencies 1-5, Defendants.

Supreme Court of Hawai`i.

March 30, 2006.

Attorney(s) appearing for the Case

James Krueger, Wailuku, on the briefs, for plaintiffs-appellants.

Kenneth S. Robbins and Leighton M. Hara, Honolulu, (Robbins & Associates), on the briefs, for defendant-appellee County of Kauai.

Dorothy Sellers and Kimberly Tsumoto, Deputy Attorneys General, on the briefs, for defendant-appellee State of Hawai`i.

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

Opinion of the Court by ACOBA, J.

In this consolidated appeal, we hold that (1) Hawai`i Revised Statutes (HRS) chapter 520,1 the Hawai`i Recreational Use Statute, does not apply to Defendant-Appellee County of Kaua`i (the County), as an adjacent owner of "land," or to lands owned by the government, including lands owned by Defendant-Appellee State of Hawai`i (the State); (2) the County did not have a duty to warn Plaintiff-Appellant Robert...

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