Litigation Summary

2016 & 2018 SPIG vs. DHCA cases: By agreement of the parties, global mediation involving both cases will be conducted by Judge Thomas Kaulukukui Jr. (Ret.) on July 2, 2024. The objective of mediation will be to permanently resolve both cases based upon terms acceptable to all parties.  The global mediation will include addressing a ruling by Judge Nakamoto.  That ruling is not a final or appealable order or judgment at this time.  Rumors that question the existence of Discovery Harbour Community Association are untrue.  DHCA continues to function for the benefit of its members and the subdivision.  Your Board of Directors is committed to do its part to achieve a mediated resolution that serves the interests of the entire Discovery Harbour community.

Lawsuits 1, 2, 3 & 6 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 and the plaintiff was ordered to pay the HOA's legal fees of $42,440.82.  Mr. Adler has appealed the judge's decision to the Intermediate Court of Appeals.
4) DHCA vs. Ursula 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.
6) Great American Insurance Co. vs. DHCA, Eklund, Casper, Morrow and Litteral Case # CV 24-00095 DK W-WRP filed 2/28/24

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, 5 and 6.

Information on Hawaii State Judiciary cases is available on-line 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.




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