No. SCAP-16-0000508 Thursday, May 3, 2018, 11:15 a.m.

THE MALULANI GROUP, LIMITED fka MAGOON BROTHERS, LTD., a Hawai i corporation, Plaintiff-Appellee, vs. KAUPO RANCH, LTD., a Hawai i corporation, Defendant-Appellant, and HEIRS AND/OR DEVISEES OF HAMOLE aka MARIA HAMOLE, et al., Defendants-Appellees.

The above-captioned case has been set for argument on the merits at:

Supreme Court Courtroom
Ali iolani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

Attorney for Appellant:

Brian R. Jenkins

Attorneys for Appellee Malulani Group:

Joachim P. Cox, Robert K. Fricke, and Kamala S. Haake

NOTE: Certificate of Recusal, by Associate Justice Paula A. Nakayama, filed 11/18/16.

NOTE: Order assigning Circuit Court Judge Virginia L. Crandall, in place of Nakayama, J., recused, filed 11/21/16.

NOTE: Order granting Application for Transfer, filed 11/28/16.

COURT: MER, C.J.; SSM, RWP, and MDW, JJ., and Circuit Court Judge Crandall, in place of Nakayama, J., recused.

[  Listen to the entire audio recording in mp3 format  ]

Brief Description:

This case is an interlocutory appeal raising the issue whether the unity of ownership by a common grantor required for an implied easement by necessity may be satisfied if the Kingdom of Hawai i is the “common grantor.” Although that issue has been addressed by the Intermediate Court of Appeals, it has never been decided by the Hawai i Supreme Court. The case also raises an additional question, whether the statute of limitations in HRS § 657–31 applies to an implied easement by necessity.