Ass'n of Owners of Kukui Plaza v. City of Honolulu

OPINION OF THE COURT BY

HEEN, J.

Defendant-Appellant City and County of Honolulu (City) appeals from the permanent injunction issued against it by the circuit court. We generally affirm, but remand with instructions to amend the injunction consistent with this opinion.

I

The dispute here is whether, under the amended declaration of horizontal property regime for the Kukui Plaza condominium (Kukui Plaza), the City is required to make the parking stalls owned by it within Kukui Plaza available to the public at municipal parking rates, and whether the provision of paragraph 8.0 (paragraph 8.0) of…