Gold Coast Neighborhood Ass’n v. State

The circuit court and the intermediate court of appeals (ICA) did not err in determining that the State obtained an easement over and across the cement path atop a seawall (the Seawall) by common law implied dedication.For approximately sixty-five years, residents and visitors of O’ahu have walked along the Seawall on or near seaward boundaries of certain property to access the beach, shoreline, and ocean. After the State disclaimed any duty to maintain the Seawall, Plaintiffs commenced this lawsuit to require the State to maintain and keep the Seawall in good and safe condition. The circuit court ruled that the State had obtained an easement for public use over and across the seawall by virtue of common law implied dedication. The ICA affirmed. The Supreme Court affirmed in light of Hawaii’s long-standing principles of common law, the historical significance and roots of implied dedication in the jurisdiction as evidenced by nearly 150 years of Supreme Court precedent, and the undisputed evidence in this case. View "Gold Coast Neighborhood Ass’n v. State" on Justia Law