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MARVIN v. PFLUEGER

No. SCWC-28501.

280 P.3d 88 (2012)

127 Haw. 490

Richard MARVIN III, and Amy Marvin, Individually and as Next Friends of Ivy Mae Marvin, Sadie Marvin, Savannah Marvin and Anabelle Marvin, minors; Wylie Hurd; Nicholas Fred Marvin, individually and as Next Friend of Alana Marvin, minor; Aaron Marvin; Barbara Nelson; Jeffrey McBride; Mareta Zimmerman, Individually and as Next Friend of Teva Dexter and Liko McBride, minors, Petitioners/Plaintiffs-Appellees, v. James PFLUEGER, Pflueger Properties; and Pila`a 400, LLC, Respondents/Defendants-Appellants. James Pflueger, Pflueger Properties; and Pila`a 400, LLC, Respondents/Counterclaimants-Appellants, v. Richard Marvin III; Amy Marvin; Nicholas Fred Marvin and Jeffrey McBride, Petitioners/Counterclaim-Defendants-Appellees.

Supreme Court of Hawai`i.

April 27, 2012.

Attorney(s) appearing for the Case

Peter Van Name Esser ( Teresa Tico with him on the application) for petitioners/plaintiffs-appellees.

David J. Minkin of McCorriston Miller Mukai MacKinnon LLP ( William C. McCorriston and Becky T. Chestnut with him on the response) and Wesley H.H. Ching of Fukunaga Matayoshi Hershey Ching & Kop LLP, for respondents/defendants-appellants.

NAKAYAMA, Acting C.J., and DUFFY, J., Circuit Judge WILSON in Place of RECKTENWALD, C.J., Recused, Circuit Judge BORDER Assigned by Reason of Vacancy, and ACOBA, J., Concurring and Dissenting Separately.

Opinion of the Court by NAKAYAMA, Acting C.J.

Landowners brought this lawsuit against their neighbor, seeking compensation for property damage caused by the neighbor, and seeking a determination of access and water rights. The application before this court, however, raises questions concerning procedural aspects of the hearings before the trial court and of the appeal to the Intermediate Court of Appeals. The first question presented concerns pleading standards of...

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