Alvarez Family Trust v. Association of Apartment Owners of the Kaanapali Alii

Dissenting Opinion by

ACOBA, J.,

Regarding Estoppel, with whom DUFFY, J., Joins.

I respectfully dissent to affirming the judgment of the court. The court’s estoppel ruling should not bar us from enforcing this court’s determination that the pricing policy was not validly adopted on any or all of the following four grounds: (1) the validity of the vote was a central and determinative issue on appeal to the Intermediate Court of Appeals (the ICA) and in this court, (2) the validity of the vote was raised and fully briefed in the circuit court of the second circuit (the court) and on appeal, (3) it…