GOLD COAST NEIGHBORHOOD ASS'N v. STATE

No. CAAP-14-0000472.

361 P.3d 1243 (2015)

136 Haw. 340

GOLD COAST NEIGHBORHOOD ASSOCIATION, Plaintiff/Appellee/Cross-Appellant, v. STATE of Hawai`i, Defendant/Appellant, and Doe Governmental Entities 1-10, Doe Governmental Agencies 1-10, Defendants, (Civil No. 07-1-1122). State of Hawai`i, by its Attorney General, Plaintiff/Appellant/Cross-Appellee, v. Tropic Seas, Inc.; The Association of Apartment Owners of Diamond Head Beach, Inc.; Diamond Head Apartments, Ltd.; CS Apartments, Ltd.; The Association of Apartment Owners of 2987 Kalakaua Condominium; Tahitienne, Incorporated; The Association of Apartment Owners of 3003 Kalakaua, Inc.; and The Association of Apartment Owners of 3019 Kalakaua, Inc., Defendants/Appellees/Cross-Appellants, and Olivia Chen Lum, Trustee of the Olivia Chen Lum Revocable Living Trust; Clarence Kwon Hou Lum, Trustee of the Clarence Kwon Hou Lum Trust and Trustee under the Will and Estate of Chow Sin Kum Lum; Jeanne S.J. Chan and Howard N.H. Chan, Trustees of the Jeanne S.J. Chan Trust; and The Diamond Head Ambassador Hotel, LTD., Defendants/Appellees/Cross-Appellees, and John Does 1-20, Doe Corporations 1-20, Doe Partnerships 1-20, Doe Associations 1-20, Doe Governmental Agencies 1-20, and Doe Entities 1-20, Defendants, (Civil No. 10-1-0888).

Intermediate Court of Appeals of Hawai`i.

June 30, 2015.


Attorney(s) appearing for the Case

William J. Wynhoff , Deputy Attorney General, on the briefs, for Defendant/Plaintiff/Appellant/Cross-Appellee, State of Hawai`i.

Robert G. Klein , Randall K. Schmitt , Jordon J. Kimura , Troy J.H. Andrade , (McCorriston Miller Mukai MacKinnion), Honolulu, on the briefs, for Plaintiff/Appellee/Cross-Appellant Gold Coast Neighborhood Association and Defendants/Appellees/Cross-Appellants Tropic Seas, Inc.; The Association of Apartment Owners of Diamond Head Beach, Inc.; Diamond Head Apartments, Ltd.; CS Apartments, Ltd.; The Association of Apartment Owners of 2987 Kalakaua Condominium; Tahitienne, Incorporated; The Association of Apartment Owners of 3003 Kalakaua, Inc.; and The Association of Apartment Owners of 3019 Kalakaua, Inc.

Stephen K.C. Mau , (Rush Moore), Honolulu, on the briefs, for Defendant/Appellee/Cross-Appellee Diamond Head, Ambassador Hotel, Ltd.

FOLEY, Presiding J., LEONARD and REIFURTH, JJ.


This consolidated appeal arises from two cases that sought declaratory relief as to the ownership of a certain stretch of dilapidated seawalls at the Diamond Head end of Kalakaua Avenue in Waikiki on O`ahu. Defendant/Plaintiff/Appellant/Cross-Appellee State of Hawai`i...

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