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Fong v. Hashimoto

Supreme Court of Hawai’i
994 P.2d 500 (2000)


Facts

The Fongs (plaintiffs) and the Hashimotos (defendants) both owned lots in the same subdivision. The subdivision, which was created from a single grantor, contained 15 lots in total. The Hashimotos’ lot faced the ocean and included a restrictive covenant imposing a one-story height restriction. The only other lots in the subdivision with a similar restriction were the two lots next to the Hashimotos’ lot. A fourth, similarly situated lot did not have the height restriction. The Hashimotos began building a two-story home on their lot. The Fongs protested that the restrictive covenant prohibited the construction of a two-story home. The trial court ruled in favor of the Hashimotos. On appeal, the appellate court held that there was a common plan for the subdivision that allowed the Fongs to enforce the height restriction as an equitable servitude. The Hashimotos appealed and moved to dismiss.

Rule of Law

Issue

Holding and Reasoning (Klein, J.)

Concurrence/Dissent (Nakayama, J.)

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