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Showing posts from November, 2008

Unambiguous and Undefined terms of Endearment

Royal Kunia Community Association v. Nemoto (ICA November 28, 2008)

Background. The Nemotos lived in a planned residential community where a restrictive covenant ran with the land. The covenant stated that any "improvement" to the property was subject to the approval of a design committee; there was, however, a provision allowing "landscaping" without approval. The Nemotos sought approval to pour a slab of cement around their home. The committee approved only part of their plan and asked for more specific plans. However, the Nemotos laid the cement in front of their house, poured gravel over the cement, and deemed it a "Japanese rock garden." Months later the Community Association requested the Nemotos weigh a truck parked on their property. The covenant prohibited any trucks weighing with more a one-ton capacity near any of the lots. The Nemotos did not respond to the request and the Association investigated the weight of the truck and determined …

The Limits of Forfeiture

Carlisle v. One Boat (HSC November 17, 2008)

Background. DLNR officers stopped a boat off the coast of Waianae. They saw the boat operators pulling up a net without a diver in the water. Pieces of coral were in the nets. The State petitioned the circuit court to forfeit the boat based on violations of DLNR administrative rules preventing the taking of stony coral. HAR §§ 13-95-70 and 13-95-71. The claimants moved to dismiss the petition on the grounds that the violations were not "covered offenses" and thus the State had no power to forfeit the coral. The circuit court agreed with the claimants and dismissed the petition by an order. However, the judgment was prepared by the State two years later. Once the judgment was entered, the State appealed to the ICA, which found appellate jurisdiction and reversed the circuit court.

An Appealable Order is a Final one. The HSC agreed with the ICA that there was appellate jurisdiction. In a civil appeal, the notice of appeal must be file…