Fleming v. Napili Kai, Ltd.

OPINION OF THE COURT BY

ABE, J.

This proceeding was instituted in the Circuit Court of the Second Circuit by the plaintiffs-appellees to enjoin the defendants-appellants from digging and excavating Hui Road “G” and converting the roadway into a drainage ditch and also to compel the defendants to restore Hui Road “G” to the condition that existed prior to the excavation of the roadway by defendants.

All the parties to the proceeding, except Lyons K. Naone, Jr., are owners or lessees of lots adjoining said Hui Road “G.” The plaintiff, Lyons K. Naone, Jr., as Clerk of the Circuit Court of the…