Gold Coast Neighborhood Association v. State.

OPINION OP THE COURT BY

POLLACK, J.

I. INTRODUCTION

For at least the past 65 years, residents and visitors of O’ahu have been free to walk along the cement path atop a seawall (the Seawall) on or near the seaward boundaries of property between 2943 Kalákaua Avenue and 3019 Kalákaua Avenue to access the beach, shoreline, and ocean in order to swim, surf, fish, and enjoy other activities of island living. Over the course of these many decades, the State has paid for and completed repairs and maintenance on the Seawall, enabling the public to continue to safely use the footpath. As recently as…