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CHILDS v. HARADA

No. 29968.

311 P.3d 710 (2013)

130 Haw. 387

Keola CHILDS, Trustee under that certain unrecorded Revocable Trust of Keola Childs, Philip L. Wilson, III and Clare H. Wilson, and Douglas D. Troxel, Trustee of the Douglas D. Troxel Living Trust, Plaintiffs-Appellants/Cross-Appellees, v. Alan J. HARADA, Walter Harada, and Karen Fuke, Co-Trustees under that certain Trust made by Junichiro Harada, dated April 21, 1981, Mikie Harada, Alan J. Harada, Sharon S. Harada, Defendants-Appellees/Cross-Appellants, and Jack Hideto Okayama, Wallace Sadao Okayama, Hatsune O. Hirano, Defendants-Appellees, and Ethel Nobuki Toki, Trustee of the Ethel N. Toki Revocable Living Trust, John Does 1-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Doe Entities 1-10, Doe Governmental Agencies 1-10 and Doe Eleemosynary Corporations 1-10, Defendants.

Intermediate Court of Appeals of Hawai`i.

September 30, 2013.

Attorney(s) appearing for the Case

R. Laree McGuire and S.V. (Bud) Quitiquit, (Porter Tom Quitiquit Chee & Watts, LLP), Honofor, on the briefs, for Plaintiffs-Appellants/Cross-Appellees.

Paul K. Hamano, Hilo, on the briefs, for Defendants-Appellees/Cross-Appellants Alan J. Harada, Co-Trustee under that certain Trust made by Junichiro Harada dated April 21, 1981, Mikie Harada, Alan J. Harada, and Sharon S. Harada.

Michael W. Moore, (Law Offices of Yeh & Moore), Hilo, on the briefs, for Jack Hideto Okayama, Wallace Sadao Okayama, and Hatsune O. Hirano.

NAKAMURA, C.J., FUJISE and REIFURTH, JJ.

Opinion of the Court by REIFURTH, J.

The parties to this case own neighboring parcels of real property makai of the old Government Road, now known as Māmalahoa Highway (the "Highway") in Holualoa, District of North Kona, on the Island of Hawai`i. The case arose out of an action in which the Plaintiffs-Appellants sought, in part, to enjoin and restrain the Defendants-Appellees from interfering with or obstructing their use of two adjacent easements located on...

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