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GOLD COAST NEIGHBORHOOD ASS'N v. STATE

SCWC-14-0000472.

403 P.3d 214 (2017)

GOLD COAST NEIGHBORHOOD ASSOCIATION, v. STATE of Hawai`i. State of Hawai`i By Its Attorney General v. Tropic Seas, Inc.; The Association of Apartment Owners of Diamond Head Beach, Inc.; 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; Diamond Head Ambassador Hotel, Ltd.; Diamond Head Apartments, Ltd.; C S Apartments, Ltd.; The Association of Apartment Owners of 2987 Kalakaua Condominium; Tahitienne, Incorporated; The Association of Apartment Owners of 3003 Kalakaua, Inc.; The Association of Apartment Owners of 3019 Kalakaua, Inc.

Supreme Court of Hawai`i.

August 25, 2017.

Attorney(s) appearing for the Case

Douglas S. Chin and William J. Wynhoff , Honolulu, for petitioner.

Robert G. Klein , Jordon J. Kimura , Randall K. Schmitt , and Troy J.H. Andrade , Honolulu, for respondent.

McKENNA AND POLLACK, JJ., AND CIRCUIT COURT JUDGE CASTAGNETTI, IN PLACE OF WILSON, J., RECUSED, WITH NAKAYAMA, J., DISSENTING, WITH WHOM RECKTENWALD, C.J., JOINS

I. INTRODUCTION

For at least the past 65 years, residents and visitors of O'ahu have been free to walk along the cement path atop a seawall (the Seawall) on or near the seaward boundaries of property between 2943 Kalakaua Avenue and 3019 Kalakaua Avenue to access the beach, shoreline, and ocean in order...

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