Hawaiian Association of Seventh-Day Adventists v. Wong.

Dissenting Opinion by

POLLACK, J.,

in which ACOBA, J., joins.

I agree with the majority that “[t]he main issue before this court is whether Paragraph 16 of the Lease prohibits SDA’s practice of renting cabins, as vacation residences, to members of the public not affiliated with the Church or School.” Majority Opinion at 46-47, 305 P.3d at 462-63. However, I respectfully disagree with the majority’s conclusion that Paragraph 16 is ambiguous. I believe that Paragraph 16 unambiguously permits cabin rentals to the general public based on: 1) the plain meaning and common application of the word…