Litigation Summary

Lawsuits 1 & 6 are still pending a final decision:

1) SPIG vs DHCA Case #3CC161000195 filed 5/25/16. On 10/2/24 the circuit court ruled the 1972 Declaration was unenforceable. DHCA filed a notice of appeal with the Intermediate Court of Appeals on 10/9/24.
1A) Counterclaim DHCA vs. SPIG Case #3CC161000195 filed 7/15/16, dismissed on 10/2/24.
2) SPIG vs DHCA, Eklund, Casper, Morrow and Litteral Case #3CC181000052 filed 2/28/18. The parties settled the case on 8/5/25 as all six parties agreed to a settlement before proceeding to trial.
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 and the plaintiff was ordered to pay the HOA's legal fees of $43,534.57 plus interest. Mr. Adler appealed the ruling to the Intermediate Court of Appeals (ICA) on 5/31/23. On 10/3/25 the ICA upheld the circuit court's decision in favor of DHCA. Mr. Adler subsequently appealed to the Hawaii Supreme Court which rejected his application to hear the case on 2/2/26.
4) DHCA vs. Ursula Lommen Case #3CCV-22-0000060 filed on 3/2/22. On 7/22/22, 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 Case #3DSC-22-0000143 (small claims court) dismissed on 9/9/22.
6) Great American Insurance Co. vs. DHCA, Eklund, Casper, Morrow and Litteral Case # CV 24-00095 DK W-WRP filed 2/28/24. On 2/3/25 the court ruled that the 2016 & 2018 SPIG vs. DHCA cases are one for insurance policy coverage purposes.

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. The HOA is/was responsible for its costs in cases 1A, 4, 5 and 6.

Information available online for Hawaii Third Circuit Court cases at: https://www.courts.state.hi.us/legal_references/records/jims_system_availability

Follow the above link and then enter eCourt kokua to search court cases.