Litigation Summary

The first three lawsuits that involve the DHCA are still ongoing:

1) SPIG vs DHCA  Case #3CC161000195 filed May, 2016.
1A) Counterclaim DHCA vs. SPIG Case #3CC161000195 filed July, 2016.
2) SPIG vs DHCA, Eklund, Casper, Morrow and Litteral Case #3CC181000052 filed February, 2018.
3) Stephen I. Adler vs DHCA Case #3CCV-20-0000367 filed 10/5/2020.  Case dismissed on 2/27/23 when DHCA's Motion for Summary Judgment was granted.  Mr. Adler has appealed the judge's decision to the Intermediate Court of Appeals.
4) DHCA vs. Lommen Case #3CCV-22-0000060 filed on March 2, 2022.  On July 22, 2022, the court ordered the defendant to cease and desist all construction until HOA approval is received, and to pay the HOA's attorney fees of $18,582.70.
5) Don Anderson vs. DHCA (small claims) Case #3DSC-22-0000143 dismissed on 9/9/22.

The cost to defend the HOA in cases 1, 2 and 3 are paid for by the Association's insurer, less the HOA's deductible.  Additionally, the defense of the four former Board members individually named in case 2 above is also covered by the HOA's insurer.  The HOA is responsible for its costs in cases 1A, 4 and 5.

Information on Hawaii State Judiciary cases is available on-line at: courts.state.hi.us/legal_references/records/jims_system_availability 




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