Representing the State of Hawaii Starn O’Toole Marcus & Fisher attorneys Ivan M. Lui-Kwan, Judith Ann Pavey, Nainoa Watson and paralegal Flo Pajardo teamed with Senior Deputy Attorney General John H. Price in a landmark case which resulted in a decision in favor of the State of Hawaii.
Case Description
Background
In a February 2, 2021 decision, Hawaii Circuit Court Judge Jeffrey Crabtree ruled that the State of Hawaii is the legal owner of certain roads in Kakaako which had been claimed by Kakaako Land Company, LLC, (“KLC”) Cedric Chun and Calvert J.T. Chun (“Chun Brothers”). KLC and the Chun Brothers had claimed ownership in the roads based on the conveyance in a December 1985 quitclaim deed to Calvert J.T. Chun from the granddaughter of Charles Desky a real estate developer. The quitclaim deed purported to convey 65 acres in Kakaako and 13 lots in Kalia, Waikiki for the consideration of $5,000.
Charles Desky developed the Kakaako district into lots between 1897 and 1903. Formalized through a legislative 1903 Joint Resolution, Charles Desky agreed to convey the roads in the Kakaako subdivision to the Territory of Hawaii. The resolution provided that after the conveyance by Desky the Territory would maintain, repair and care for the roads as public highways. No such deed from Charles Desky to the Territory could be found. From 1903 the government did maintain, repair and care for the roads as public highways.
From about 2010, KLC and the Chun Brothers began to charge parking fees to Kakaako businesses and real property owners. For decades the businesses and real property owners had been using at no cost the shoulders of the roads for their customers’ parking. KLC and the Chun Brothers had a towing company patrol the Kakaako district to tow from parking spaces any vehicle which did not belong to KLC’s designated parking renters. KLC and the Chun Brothers also attached “no parking” signs on buildings proximate to KLC’s rented spaces and owned by real property owners without the owners’ consent.
Court’s Decision
Judge Crabtree’s February 2, 2021 decision determined that the State of Hawaii is the legal owner of the roads at issue. The court’s decision is based on two conclusions: (a) the roads were surrendered or abandoned to the State of Hawaii by Charles Desky or his heirs pursuant to the 1892 Highways Act and particularly its 1947 amendment; and (b) Hawaii precedent particularly the 2017 Hawaii Supreme Court case of Gold Coast Neighborhood Ass’n v. State which clarified the Highways Act 1947 amendment that the State of Hawaii becomes the owner due to the passage of time, even without a deed or other formal acceptance.
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