Kam v. Noh

OPINION OF THE COURT BY

LUM, CJ.

The question presented in this appeal is whether a restrictive covenant in a deed imposing building height limitations expired by operation of Hawaii Revised Statutes (HRS) § 171 — 63(b). The statute, relating to the sale of public lands by the State, provides that “all restrictions relating to the use” of residential lots sold in fee simple shall expire within ten years after issuance of the deed. The court below dismissed Appellants’ complaint seeking enforcement of the restrictive covenant, finding that the covenant expired by operation of law. Because we…