Molfino v. Yuen.

Opinion of the Court by

McKENNA, J.

I. Introduction

At issue in this appeal is whether this court should impose a duty of reasonable care on the Planning Department of the County of Hawai'i to a property owner, leading to potential negligence liability for damages allegedly sustained due to the Planning Department’s failure to maintain all pertinent correspondence in its property files at all times. We hold that policy considerations counsel against the judicial creation of such a legal duty under the common law, and also hold that there is no basis under Hawai'i Revised Statutes (“HRS”) Chapter…