Application of Banning

OPINION OF THE COURT BY

WAKATSUKI, J.

The Trustees of Kalama Community Trust (Trustees) petitioned for title to approximately 0.251 acres of accreted land fronting their Kailua shoreline property on which the Kalama Beach Club is situated. The land court granted their petition for title to the accreted land, but reserved two easements in favor of the State of Hawaii (State) for long-term public use. On appeal, the trustees argue that the land court erred in: (1) finding that there was public use of the accreted land; (2) concluding that the accreted area was subject to two easements in favor of…