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ASS'N OF SEVENTH-DAY ADVENTISTS v. WONG

No. SCWC-28592.

305 P.3d 452 (2013)

130 Haw. 36

HAWAIIAN ASSOCIATION OF SEVENTH-DAY ADVENTISTS, A Hawai`i Non-Profit Corporation, Respondent/Plaintiff-Appellant-Cross-Appellee, v. Stacey T.J. WONG, As Trustee of the Eric A Knudsen Trust, Petitioner/Defendant-Appellee-Cross-Appellant.

Supreme Court of Hawai`i.

June 28, 2013.

Attorney(s) appearing for the Case

Michael D. Tom, Lyle M. Ishida, and David R. Harada-Stone, Honolulu, for petitioner.

Michael R. Marsh, James M. Cribley, and Mark G. Valencia, Honolulu, for respondent.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ.; with POLLACK, J., Dissenting Separately, with whom ACOBA, J., joins.

Opinion of the Court by McKENNA, J.

I. Introduction

Hawaiian Association of Seventh-Day Adventists, a Hawai`i non-profit corporation ("SDA"), filed suit seeking, among other things, a declaration that its rental of cabins to the public is permissible under its lease agreement with the Eric A. Knudsen Trust ("Lease"). Stacey T.J. Wong, as trustee of the Eric A. Knudsen Trust ("Wong"), counterclaimed for termination of the Lease and other remedies. The circuit...

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