Taran v. Lagger

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
23-OCT-2024
08:02 AM
Dkt. 73 ODMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

DAVID TARAN and RANDY TARAN, Plaintiffs-Appellants,
v.
RAYMOND L. LAGGER, an individual, Defendant-Appellee,
and
JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS,
DOE CORPORATIONS, and DOE GOVERNMENTAL UNITS and
OTHER ENTITIES 1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3CC19100005K)

ORDER
(By: Hiraoka, Presiding Judge, Nakasone and McCullen, JJ.)

Upon review of "Defendant/Appellee Raymond L. Lagger's
Motion for Reconsideration of the Summary Disposition Order,
Filed October 11, 2024," filed on October 18, 2024, the papers in
support, and the record, it appears that:
1. The Motion recognizes that "[t]he only issue upon
which summary judgment was granted below involved a question of
law — whether the language . . . of the Master Declaration is
ambiguous" and argues we didn't "decide that legal question";
2. Lagger argued the Master Declaration was ambiguous
because it "does not define what constitutes an unreasonable
obstruction" (emphasis added); and
3. We concluded the lack of a definition "doesn't
make the phrase unreasonably obstruct the view ambiguous. The
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

circuit court erred by granting Lagger's motion for summary
judgment on that basis."
Lagger's Motion presents no point of law or fact we
overlooked or misapprehended. See Rule 40(b), Hawai#i Rules of
Appellate Procedure. IT IS HEREBY ORDERED that the Motion is
denied.
DATED: Honolulu, Hawai#i, October 23, 2024.

/s/ Keith K. Hiraoka
Presiding Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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