Litigation Summary

SPIG vs. DHCA Lawsuits
DHCA and SPIG engaged in mediation on July 2nd in an attempt to resolve SPIG's two lawsuits. Unfortunately, mediation did not achieve a resolution of the dispute, and an impasse was declared. Settlement between two sides to a dispute typically requires compromise by both sides. Mediation is also a confidential process. Out of respect for the process, the DHCA Board of Directors will refrain from further comment about mediation.

The order by Judge Nakamoto is not final or appealable at this time. Therefore, rumors that question the existence of the Association are untrue. DHCA continues to function for the benefit of its members and the subdivision. Your Board of Directors remain committed to promoting the best 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 25, 2016.
1A) Counterclaim DHCA vs. SPIG Case #3CC161000195 filed July 15, 2016.
2) SPIG vs DHCA, Eklund, Casper, Morrow and Litteral Case #3CC181000052 filed February 28, 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/was 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.