Waikiki Malia Hotel, Inc. v. Kinkai Properties Limited Partnership

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a height restriction “[c]learly” satisfied the touch and concern element because it diminished the value of the land by limiting what could be built on it
• “The standard to be applied by the appellate court in reviewing a grant or denial of summary judgment is identical to that employed by the trial court.”
• “If the language of the deed is ambiguous, surrounding circumstances may be considered but not parol evidence.”
• “In order to enforce a covenant appurtenant, a covenantee must continue to own the parcel of land benefitted by the covenant appurtenant.”
• “The use of surrounding circumstances, also known as extrinsic evidence, usually concerns the geographical location of the lands and the physical condition of the structures thereon.” (internal quotation marks and citation omitted)

Source: CourtListener parenthetical corpus (CC0).