No. 27703 (Nov. 28, 2008)
Opinion [pdf]
OPINION OF THE COURT BY WATANABE, PRESIDING J.
In this breach-of-restrictive-covenants case, Reuben K. Nemoto (Reuben) and Lorna A. Nemoto (collectively, the Nemotos) appeal: (1) the Final Judgment entered by the Circuit Court of the First Circuit (circuit court) on April 5, 2006 in favor of Royal Kunia Community Association (Association); (2) the August 30, 2005 order granting summary judgment to the Association (Summary Judgment Order); and (3) numerous related orders entered by the circuit court.
We conclude that the circuit court partly erred in granting summary judgment in favor of the Associatio. Accordingly, we affirm in part and vacate in part the Summary Judgment Order, vacate the final Judgment, and remand for further proceedings consistent with this opinion. [footnotes omitted]
