County of Hawai'i v. Ala Loop Homeowners

Concurring and Dissenting Opinion by

ACOBA, J.

I would hold that (1) Petitioner-/Defendant-/Counter-ClaimanVCross-Claimani> /Third-Party Plaintiff-Appellee/Cross-Ap-pellant Ala Loop Community Association (Ala Loop) may seek a declaratory judgment to protect the interests of its members’ enjoyment of their real property, (2) Ala Loop and its members have standing to enforce chapter 205 of the Hawai'i Revised Statutes (HRS), (3) the Circuit Court of the Third Circuit (the court) did not abuse its discretion in denying the motion to set aside default of RespondenWDefendant-/Cross-Claim…