Legal Opinion
Stallard v. Consolidated Maui, Inc.
Hawaii Supreme Court
Decided February 6, 2004No. 22603PublishedCited by 15 opinions
1Opinion of the Court
Opinion of the Court by
ACOBA, J.
We hold that, because Hawai'i Revised Statutes (HRS) § 514E-6 (1993), relating to time sharing, 1 applies to a project that is not a hotel and Maui County Code (MCC) § 19.37.010C pertains to time sharing in a hotel district, the aforesaid MCC section does not cover the same subject matter or conflict with HRS § 514E-6. Thus, MCC § 19.37.010C is not preempted by HRS § 514E-6. Whereas there was no genuine issue of material fact as to whether the Maui Isana Resort (Resort) was a hotel, the authorization of time sharing pursuant to MCC § 19.37.010C must be…
2Cases cited13 opinions
- Hawaii Community Federal Credit Union v. KekaHawaii Supreme Court · 2000
- Barthelemy v. Air Lines Pilots Ass'nCourt of Appeals for the Ninth Circuit · 1990
- Richardson v. City and County of HonoluluHawaii Supreme Court · 1994
- J.B.C. Lockwood, Jr., Successor to Sanford M. Sage, Trustee in Bankruptcy of Emerald Properties, Inc. v. The Wolf Corporation, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1980
- Pacific International Services Corp v. HuripHawaii Supreme Court · 1994
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Exotics Hawaii-Kona, Inc. v. E.I. Du Pont De Nemours & Co.Hawaii Supreme Court · 2007
- Alika Atay v. County of MauiCourt of Appeals for the Ninth Circuit · 2016
- Cho v. StateHawaii Supreme Court · 2007
- Syngenta Seeds, Inc. v. County of KauaiCourt of Appeals for the Ninth Circuit · 2016
- WAILUKU AGRIBUSINESS CO., INC. v. Ah SamHawaii Supreme Court · 2007
10 more not listed; retrieve them via the Exa API.