Akau v. Olohana Corp.

OPINION OF THE COURT BY

RICHARDSON, C.J.

Plaintiffs Akau and others brought this class action to enforce alleged rights-of-way along once public trails to the beach that cross original defendants’ 1 property in Kawaihae on the Big Island of Hawaii. The court below ruled that plaintiffs have standing to assert the rights of the public, and certified the suit as a class action. We affirm.

I

The named plaintiffs have lived or fished in Kawaihae for many years. They represent two subclasses; one contains Hawaii residents who used or were deterred from using the trails, the other contains all persons…