Justia Hawaii Supreme Court Opinion Summaries

Articles Posted in Real Estate & Property Law
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Landowners brought this lawsuit against their neighbor, seeking compensation for property damage caused by the neighbor, and seeking a determination of access and water rights. The application before the Supreme Court, however, raised questions concerning procedural aspects of the hearings before the trial court and of the appeal to the intermediate court of appeals (ICA). The first question concerned pleading standards of appellate briefs, and the remaining questions addressed the trial court's determination of which parties must participate in a lawsuit, and the procedure an appellate court should follow when reviewing that determination. The Court reversed the decision of the ICA and reinstated the trial court's order, holding (1) the ICA did not err in reviewing the defendants' points of error on appeal; but (2) the ICA erred in vacating the trial court's final judgment. View "Marvin v. Pflueger" on Justia Law

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Charles and Lisa Hart filed a complaint against TICOR Title Insurance Company for breach of contract after TICOR refused to defend the Harts under their title insurance policy against an escheat claim asserted by the State. The district court entered judgment in favor of TICOR and awarded TICOR attorneys' fees and costs. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court vacated the ICA's judgment and reversed the judgment of the district court in favor of TICOR and vacated the district court's award of attorneys' fees and costs to TICOR, holding that TICOR owed a duty to defend the Harts under the policy against the State's claim and prayer for affirmative relief. Remanded to the district court with instructions (1) to enter judgment in favor of the Harts, and (2) to determine an award of attorneys fees and costs to the Harts. View "Hart v. TICOR Title Ins. Co." on Justia Law

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Tara Thomas filed a lawsuit against her former attorney, Grant Kidani. Kidani represented Thomas in a real estate dispute wherein the jury decided the case against Thomas. Following that trial, Thomas sued Kidani, alleging legal malpractice. The circuit court granted summary judgment in favor of Kidani, and the intermediate court of appeals (ICA) affirmed. The Supreme Court affirmed but on different grounds, holding (1) the ICA applied an incorrect standard of review on appeal where it invoked the clearly erroneous standard rather than a de novo review of Kidani's motion for summary judgment; but (2) Kidani was entitled to summary judgment in this case because Thomas did not meet her burden of proving that she would have prevailed at trial. View "Thomas v. Kidani" on Justia Law

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The instant action arose from an ejectment proceeding involving a dispute as to whether Respondent Wayne Peelua alleged a cognizable claim to the title of certain real property. Petitioner Deutsche Bank filed a complaint alleging that it was entitled to possession of the property. Respondent moved to dismiss the complaint, alleging that the district court lacked jurisdiction over the matter. The court held for Petitioner. The intermediate court of appeals (ICA) vacated the district court order and remanded with instructions to dismiss the case for lack of jurisdiction. The Supreme Court vacated the ICA and affirmed the district court, holding that Respondent's affidavit did not meet the requirements of Dist. Ct. R. Civ. P. 12.1, and therefore, the district court had jurisdiction over Petitioner's ejectment action. View "Deutsche Bank Nat'l Trust Co. v. Peelua" on Justia Law

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Plaintiff-Appellant John Corboy and a number of real property owners and taxpayers brought claims against various state and county Defendants-Appellants to get an exemption from property taxes equal to an exemption granted to Hawaiian homestead lessees under the Hawaiian Homes Commission Act (HHCA). Plaintiffs are not native Hawaiians, but argued that the tax exemptions for homestead lessees involve race-based discrimination in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution and Federal civil rights laws because only native Hawaiians are eligible to become homestead lessees under the HHCA. Accordingly, they sought a refund of real property taxes paid in excess of what they would have been assessed had each of them been granted an exemption. The State filed a motion for summary judgment on the ground that the disputed exemptions did not violate the equal protection clause because the exemptions were not based upon whether a taxpayer was a native Hawaiian, but instead they were based on whether the taxpayer was a homestead lessee of HHCA land. The tax appeal court granted the Stateâs motion, and on appeal, Plaintiffs challenged the courtâs awarding of the summary judgment. The Supreme Court found that the Plaintiffs lacked standing to pursue their challenges to the constitutionality of the tax exemption and the HHCA. The record reflected that the Plaintiffs were not interested in participating in the homestead lease program and therefore they could not establish an injury sufficient to give them standing to challenge the exemption. The Court vacated the tax appeal courtâs judgment, and ordered the lower court to dismiss Plaintiffsâ cases for lack of jurisdiction.