COUNTY OF HAWAI`I v. UNIDEV, LLC

Nos. 10-0000188, 11-0000019.

289 P.3d 1014 (2012)

128 Haw. 378

COUNTY OF HAWAI`I, a municipal corporation of the State of Hawai`i, Plaintiff-Appellee, v. UNIDEV, LLC, A Delaware Limited Liability Company, Defendant-Appellant, and John Does 1-50; Jane Does 1-50; Doe Partnerships 1-50; Doe Corporations 1-50; Doe Non-Profit Entities 1-50; Doe Limited Liability Companies 1-50; Doe Entities 1-50, Defendants. County of Hawai`i, a municipal corporation of the State of Hawai`i, Plaintiff-Appellant, v. UniDev, LLC a Delaware Limited Liability Company; Unidev Hawaii, LLC, A Delaware Limited Liability Company; John Does 1-50; Jane Does 1-50; Doe Partnerships 1-50; Doe Corporations 1-50; Doe Non-Profit Entities 1-50; Doe Limited Liability Companies 1-50; Doe Entities 1-50, Defendants-Appellees.

Intermediate Court of Appeals of Hawai`i.

August 31, 2012.


Attorney(s) appearing for the Case

Paul Alston ( Maren L. Calvert and J. Blaine Rogers with him on the briefs) (Alston Hung Floyd & Ing), for Defendant-Appellant in CAAP-10-0000188 and Defendants-Appellees in CAAP-11-0000019.

Laureen L. Martin ( Joseph K. Kamelamela and Julie K. Mecklenburg with her on the briefs) Deputies Corporation Counsel, for Plaintiff-Appellee in CAAP-10-0000188 and Plaintiff-Appellant in CAAP-11-0000019.

John R. Lacy   Claire E. Goldberg (Goodsill Anderson Quinn & Stifel) on the briefs only, for Counterclaim Defendant-Appellee Hawaii Island Housing Trust in CAAP-10-0000188.

FOLEY, Presiding Judge, REIFURTH and GINOZA, JJ.


Opinion of the Court by GINOZA, J.

In this consolidated appeal, we address two separate appeals from civil actions that were consolidated in the Circuit Court of the Third Circuit (circuit court).1 In appeal No. CAAP-10-0000188, UniDev, LLC (UniDev) appeals from the circuit court's September 13, 2010 order expunging a lis pendens2 filed by UniDev (Expungement

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