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KUTKOWSKI v. PRINCEVILLE PRINCE GOLF COURSE

No. SCWC-28826.

300 P.3d 1009 (2013)

129 Haw. 350

Robert KUTKOWSKI, Petitioner/Plaintiff-Appellant/Plaintiff-Cross-Appellee, v. PRINCEVILLE PRINCE GOLF COURSE, LLC, a Delaware Limited Liability Company, Respondent/Defendant-Appellee/Defendant-Cross-Appellant, and Doe Corporations 1-5, Doe Limited Liability Companies 1-5, Doe Partnerships 1-5, Doe Entities 1-5, John Does 1-5, and Jane Does 1-5, Defendants.

Supreme Court of Hawai`i.

May 14, 2013.

Attorney(s) appearing for the Case

Joe P. Moss , and Margery S. Bronster , Honolulu, and Rex Y. Fujichaku , Honolulu, Bronster Hoshibata, for petitioner.

David W. Proudfoot and Max W.J. Graham , Belles Graham Proudfoot , Wilson & Chun, LLP, Lihue, for respondent.

NAKAYAMA, ACOBA, and McKENNA, JJ., and Circuit Court Judge NAKASONE, assigned by reason of vacancy; with RECKTENWALD, C.J., concurring and dissenting separately.

Opinion of the Court by McKENNA, J.

I. Introduction

At issue in this appeal is whether the sale of an undivided parcel of real property triggered a lessee's right of first refusal to purchase a small part of that property. Based on the specific circumstances of this case, we hold that it did. We therefore reverse the ICA's judgment on appeal and remand this case to the Circuit Court of the Fifth Circuit ("circuit...

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