Association of Apartment Owners of Wailea Elua v. Wailea Resort Co.

Concurring Opinion by

RAMIL, J.,

in which ACOBA, J., Joins.

I agree with the majority in affirming the trial court’s judgment. Majority opinion at 100, 58 P.3d at 611. However, I feel compelled to write separately because I disagree with the majority’s reasoning on two points. First, I believe that Wailea Resort Company (WRC) owns express easements, rather than implied easements. Second, I disagree with the majority’s conclusion that “WRC’s offer ... did not fully and completely resolve the Association’s claims.” Majority opinion at 120-121, 58 P.3d at 631-632. In my view, WRC’s offer was a…