Fong v. Hashimoto
Supreme Court of Hawai’i
994 P.2d 500 (2000)
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
Holding and Reasoning (Klein, J.)
Concurrence/Dissent (Nakayama, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.