Stein v. LeMay

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NO. 22209 IN THE SUPREME COURT OF THE STATE OF HAWAI#I CAROL STEIN, ) ) Plaintiff-Appellant, ) ) vs. ) ) RICHARD J. LeMAY and KAREN P. ) LeMAY, ) ) Defendants-Appellees. ) ________________________________) CIV. NO. 97-098K THIRD CIRCUIT COURT SUMMARY DISPOSITION ORDER Plaintiff-appellant Carol Stein (Stein) appeals from the order and judgment of the circuit court of the third circuit against Stein and in favor of defendants-appellees Richard J. LeMay and Karen P. LeMay (collectively, the LeMays) in an action seeking to enforce residential height restrictions against the LeMays. Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments made and the issues raised by the parties, IT IS HEREBY ORDERED that the order and judgment from which the appeal is taken is affirmed. Based on the language of the instant height restrictions, Stein could not prove that the LeMays residence was in violation without, inter alia, further information as to the location of the benchmark elevation pin and the direction of the natural grade in relation to the structures. Thus, contrary to Stein s argument that the circuit court required proof of the exact degree of violation, the court properly found that Stein failed to prove, directly or indirectly, that any violation occurred. The circuit court, therefore, did not abuse its discretion in granting the LeMays motion for reconsideration of the court s original decision. circuit court also did not abuse its discretion in denying Stein s motion for a new trial, where the additional evidence profferred was previously available to Stein. DATED: Honolulu, Hawai#i, June 15, 2000. Signed by: On the briefs: Mark Van Pernis and Gary W. Vancil for plaintiffappellant RONALD T. Y. MOON Chief Justice STEVEN H. LEVINSON Associate Justice Robert D. Triantos and Edmund W.K. Haitsuka of Carlsmith Ball for defendants-appellees PAULA A. NAKAYAMA Associate Justice MARIO R. RAMIL Associate Justice SIMEON R. ACOBA, JR. Associate Justice 2 The

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