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GAILLIARD v. RAWSTHORNE

SCWC-16-0000783.

498 P.3d 700 (2021)

John S. GAILLIARD and Jodi L. Gailliard, Respondents/Plaintiffs-Appellees, v. Elizabeth RAWSTHORNE, Petitioner/Defendant-Appellant, and William Bates, Defendant-Appellant.

Supreme Court of Hawai`i.

November 19, 2021.

Attorney(s) appearing for the Case

Patrick K. Wong and Michelle Chi Dickinson , Kailua-Kona, ( Robert D. Triantos , Kailua-Kona, on the briefs) for petitioner.

Peter Van Name Esser , Honolulu, for respondents.

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

I. INTRODUCTION

Both parties to this breach of covenant case are property owners in the Ali`i Heights Subdivision in Kailua-Kona, Hawai`i. Plaintiffs John and Jodi Gailliard brought suit alleging that their directly-adjacent neighbor, Defendant Elizabeth Rawsthorne, was in breach of a restrictive...

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