Opinion of the Court by DUFFY, J.
Petitioner/Plaintiff-Appellee Kaanapali Hillside Homeowners' Association [hereinafter, KHHA] filed a timely Application for Writ of Certiorari (Application) seeking review of: (1) the November 3, 2006 judgment of the Intermediate Court of Appeals (ICA) on its published opinion in Kaanapali Hillside Homeowners' Ass'n v. Doran,
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