Gold Coast Neighborhood Association v. State.

DISSENTING OPINION BY

NAKAYAMA, J.

IN WHICH RECKTENWALD, C.J., JOINS

I. INTRODUCTION

Almost a century ago, unknown private parties built a seawall on the makai boundary of private property fronting Diamond Head in order to protect their property from high waves and erosion. Since then, the seawall has been all but abandoned by the property owners, used by the public as a thoroughfare, and infrequently repaired by the State. However, at all times since its construction, the seawall has continued to serve its primary pmqjose—the protection of private property. The specific issue before this court…