Pelosi v. Wailea Ranch Estates

OPINION OF THE COURT BY

WATANABE, J.

This appeal involves the interpretation of a restrictive covenant which precludes houselots in the Maui Meadows III (MM III) Subdivision from being. used “except for residential purposes.” The primary issue is whether the general partnership which owned one of the houselots breached the covenant when it constructed across its houselot a roadway to an adjoining subdivision and a tennis court for use by the residents of the adjoining subdivision.

We conclude that a breach of the covenant occurred. Accordingly, we reverse those parts of the circuit court’s…