Palama v. Sheehan

OPINION OF THE COURT BY

RICHARDSON, C.J.

Plaintiffs, Mr. and Mrs. Philip K. Palama, filed an action to quiet title to a tract of land generally known as “Nomilo Pond” situated in the ahupuaa of Kalaheo, Island of Kauai, which covers an area of about 60 acres and contains within it a fish pond of 18 acres. The makai (seaward) boundary of said land borders on the State’s 100-foot wide beach reserve. The defendants filed an answer claiming fishing rights in the fish pond and a right of way through plaintiffs’ land, based on ancient Hawaiian rights or by necessity. The defendants are owners of four…