Krishna NARAYAN; Sherrie Narayan; Virendra Nath; Nancy Makowski; Keith Macdonald as Co-trustee for DKM Trust Dated October 7, 2011; Simon Yoo; Sumiyo Sakaguchi; Susan Renton, as Trustee for Renton Family Trust Dated 12/3/09; Stephen Xiang Pang; Faye Wu Liu; Massy Mehdipour as Trustee for Massy Mehdipour Trust Dated June 21, 2006; G. Nicholas Smith; Tristine Smith; Ritz 1303 RE, LLC, a Colorado Limited Liability Company; Bradley Chaffee as Trustee of Charles V. Chaffee BRC Stock Trust Dated 12/1/99, Clifford W. Chaffee BRC Stock Trust Dated 1/4/98, Petitioners/Plaintiffs-Appellees,
v.
RITZ-CARLTON DEVELOPMENT COMPANY, INC.; The Ritz-Carlton Management Company, LLC; John Albert; Edgar Gum, Respondents/Defendants-Appellants, and
Marriott International Inc.; Maui Land & Pineapple Co., Inc.; Exclusive Resorts, LLC; Kapalua Bay, LLC; Association of Apartment Owners of Kapalua Bay Condominium; Caroline Peters Belsom; Cathy Ross; Robert Parsons; Ryan Churchill; The Ritz-carlton Hotel Company, L.L.C.; Marriott Vacations Worldwide, Corporation; Marriott Ownership Resorts, Inc.; Marriott Two Flags, LP; MH Kapalua Venture, LLC; MLP KB Partner LLC; Kapalua Bay Holdings, LLC; ER Kapalua Investors Fund, LLC; ER Kapalua Investors Fund Holdings, LLC; Exclusive Resorts Development Company, LLC; and Exclusive Resorts Club I Holdings, LLC, Respondents/Defendants.
Supreme Court of Hawai`i.https://leagle.com/images/logo.png
Bert T. Kobayashi, Jr. , Lex R. Smith , Joseph A. Stewart , Maria Y. Wang , and Aaron R. Mun , Honolulu, for respondents, The Ritz-Carlton Development Company, Inc., The Ritz-Carlton Management Company, LLC, John Albert and Edgar Gum and respondents Marriott International, Inc., The Ritz-Carlton Hotel Company, LLC, Marriott Two Flags, LP, Marriott Ownership Resorts, Inc., MH Kapalua Venture, LLC, and Marriott Vacations Worldwide Corporation.
RECKTENWALD, C.J., NAKAYAMA, McKENNA, AND POLLACK, JJ., AND CIRCUIT JUDGE NAKASONE, IN PLACE OF ACOBA, J., RECUSED
OPINION OF THE COURT BY NAKAYAMA, J.
I. INTRODUCTION
In Narayan v. Ritz-Carlton Development Co., 135 Haw. 327, 350 P.3d 995 (2015) (Narayan I), this court held that the Plaintiffs, a group of individual condominium owners,...
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