SANDOMIRE v. BROWN

No. CAAP-17-0000199.

439 P.3d 266 (2019)

Daniel M. SANDOMIRE; Katy Yen-Ju Chen; Trudi Melohn, individually and as Co-Trustee under the William Charles Melohn III Revocable Trust dated June 4, 2010 and Co-Trustee under the Trudi Melohn Revocable Trust dated June 4, 2010; and William Charles Melohn III, individually and as Co-Trustee under the William Charles Melohn III Revocable Trust dated June 4, 2010 and Co-Trustee under the Trudi Melohn Revocable Trust dated June 4, 2010, Plaintiffs-Appellees, v. David Edward BROWN and Lanhua Kao Brown, Defendants-Appellants.

Intermediate Court of Appeals of Hawai`i.

March 29, 2019.


Attorney(s) appearing for the Case

On the briefs:

Bruce D. Voss , Christian D. Chambers , (Bays Lung Rose & Holma), Honolulu, for Defendants-Appellants.

Michael W. Gibson , Francis P. Hogan , (Ashford & Wriston), Honolulu, for Plaintiffs-Appellees.

FUJISE, PRESIDING JUDGE, LEONARD AND REIFURTH, JJ.


This case arises out of a dispute between neighbors over whether a proposed home addition would violate certain restrictive covenants that are applicable to their neighborhood. As discussed herein, we hold that the trial court erred in failing to first make a legal determination whether the express language of...

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