Waikiki Malia Hotel, Inc. v. Kinkai Properties Limited Partnership

OPINION OF THE COURT BY

MOON, C.J.

This consolidated appeal involves the interpretation and enforcement of a restrictive covenant of a deed. Defendant-appellant, cross-appellee Kinkai Properties Limited Partnership (Kinkai) appeals from the amended final judgment entered pursuant to the circuit court’s grant of summaryjudgment in favor of plaintiff-appellee, cross-appellant Waikiki Malia Hotel, Inc. (WMH) wherein the court determined that the height restriction imposed by the covenant was binding upon Kinkai, a subsequent purchaser of the property in question but not a party to the deed in…