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CHING v. DUNG

SCWC-16-0000845.

477 P.3d 856 (2020)

Donna Lee CHING, Petitioner/Plaintiff-Appellant/Cross-Appellee, v. Nancy Loo DUNG, Individually, and as Trustee under that certain unrecorded Nancy Loo Dung Revocable Living Trust dated September 8, 1993; The Estate of Dennis Quan Keong Dung, Deceased as Trustee under that certain unrecorded Irrevocable Trust for Dixon Quan Hon Dung, dated June 21, 1995, and as Trustee under that certain unrecorded Nancy Loo Dung Revocable Living Trust dated September 8, 1993; Patsy Bow Yuk Dung, Individually, and as Trustee under that certain unrecorded Revocable Trust Agreement dated August 19, 2003; Dixon Quan Hon Dung; Billie Dung; Annette Kwai Fah Dung; Denby Dung; Darah Dung; Dean Dung, Respondents/Defendants-Appellees/Cross-Appellants. (CIVIL NO. 07-1-1116-06) Donna L. Ching, Individually, Petitioner/Plaintiff/Counterclaim Defendant-Appellant/Cross Appellee, v. Annette Kwai Fah Dung, Personal Representative of the Estate of Dennis Quan Keong Dung; Patsy Bow Yuk Dung, Trustee of the Revocable Trust of Patsy Bow Yuk Dung, Individually; Billie Dung, Individually; Darah Dung, Individually; Dean Dung, Individually; Denby Dung, Individually, Respondents/Defendants/Counterclaim Plaintiffs-Appellees/Cross-Appellants. (CIVIL NO. 13-1-2929-11).

Supreme Court of Hawai`i.

RECONSIDERATION DENIED January 7, 2021.

Attorney(s) appearing for the Case

Terrance M. Revere , Kailua, Malia R. Nickison-Beazley , Kailua, Jonathan L. Ortiz , Honolulu, Wade J. Katano , Honolulu, Christine S. Prepose-Kamihara , for Petitioner.

Ronald Shigekane , David J. Minkin , Jesse J.T. Smith , Honolulu, for Respondents.

NAKAYAMA, ACTING C.J., WILSON, AND EDDINS, JJ., AND CIRCUIT JUDGE TONAKI, IN PLACE OF MCKENNA, J., RECUSED, WITH CIRCUIT JUDGE CRABTREE, IN PLACE OF RECKTENWALD, C.J., RECUSED, CONCURRING.

I. INTRODUCTION

This case arises from a dispute that began in 2007 between neighbors, Donna Lee Ching ("Ching") and the Dung family1 ("Dungs"), over an easement located on the Dungs' property that provides Ching access to her landlocked property. The easement dispute escalated...

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