Association of Apartment Owners of Maalaea Kai, Inc. v. Stillson

Dissenting Opinion by

NAKAYAMA, J.,

in which MOON, C.J., joins.

I disagree with the rationale employed by the majority to vacate the circuit court’s order granting partial summary judgment in favor of Defendants/Counterclaimants-Ap-pellees Thomas Hayden Stillson and Phyllis Payne-Stillson [hereinafter, collectively, “the Stillsons”] and against Plaintiff'Counterclaim DefendanV-Appellant Association of Apartment Owners of Maalaea Kai, Inc. [hereinafter, “AOAO Maalaea Kai”], inasmuch as I do not believe that (1) voting on a leased fee purchase falls within the realm of “operation of the property”…