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HAYNES v. HAAS

SCWC-16-0000570.

463 P.3d 1109 (2020)

Shadley HAYNES, Kurstin Haynes, Individually and as Parent and Legal Guardian of Minor Children JH and NH; The Other Side — Rockstarz — LLC, Petitioners/Plaintiffs-Appellants v. Gregory Fowler HAAS; FPA Gold Coast Associates, LLC; Clark Realty Corporation; Kona Metro Parking & Watchman Services, Inc.; Allied Self Storage Center; Guido Giacometti; Chung Partners, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

May 5, 2020.

Attorney(s) appearing for the Case

James J. Bickerton , and Bridget G. Morgan-Bickerton , ( Nathan P. Roehrig with them on the briefs), Honolulu, for petitioners.

Gregory K. Markham , ( Keith K. Kato , Honolulu, and Kristen K. Souza with him on the briefs), for respondent Chung Partners.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.

I. INTRODUCTION

This appeal requires us to address whether a plaintiff can recover damages for injury from a common-law public nuisance. We conclude that, as a matter of law, such a claim is cognizable when the plaintiff has suffered individualized harm.

Plaintiff Shadley Haynes (Shadley...

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