Association of Unit Owners of Waihonua at Kewalo v. Kewalo Development, LLC

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
29-MAY-2026
08:02 AM
Dkt. 69 OAWST
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

ASSOCIATION OF UNIT OWNERS OF WAIHONUA AT KEWALO,
through its Board of Directors, Plaintiff-Appellant, v.
KEWALO DEVELOPMENT, LLC; A & B PROPERTIES HAWAII, LLC
(fka A&B PROPERTIES, INC.),
Defendants/Crossclaim Defendants-Appellees, and
HAWAIIAN DREDGING CONSTRUCTION COMPANY, INC.,
Defendant/Crossclaimant-Appellee, and
DOES 1 THROUGH 100, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: Leonard, Presiding Judge, Wadsworth and McCullen, JJ.)
Upon consideration of the Stipulation for Dismissal of

Appeal and Order (Stipulation), filed on May 11, 2026, by

Plaintiff-Appellant Association of Unit Owners of Waihonua at

Kewalo, through its Board of Directors, it appears that (1) the

appeal has been docketed and the filing fees have been paid; (2)

under Hawai i Rules of Appellate Procedure Rule 42(b), the

parties stipulate to dismiss the appeal, with each party bearing

its own attorneys' fees and costs; and (3) the Stipulation is

signed by counsel for all parties.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the Stipulation is

approved and the appeal is dismissed with prejudice. The parties

shall bear their own attorneys' fees and costs incurred on

appeal.

DATED: Honolulu, Hawai i, May 29, 2026.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

2

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
29-MAY-2026
08:02 AM
Dkt. 69 OAWST
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

ASSOCIATION OF UNIT OWNERS OF WAIHONUA AT KEWALO,
through its Board of Directors, Plaintiff-Appellant, v.
KEWALO DEVELOPMENT, LLC; A & B PROPERTIES HAWAII, LLC
(fka A&B PROPERTIES, INC.),
Defendants/Crossclaim Defendants-Appellees, and
HAWAIIAN DREDGING CONSTRUCTION COMPANY, INC.,
Defendant/Crossclaimant-Appellee, and
DOES 1 THROUGH 100, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: Leonard, Presiding Judge, Wadsworth and McCullen, JJ.)
Upon consideration of the Stipulation for Dismissal of

Appeal and Order (Stipulation), filed on May 11, 2026, by

Plaintiff-Appellant Association of Unit Owners of Waihonua at

Kewalo, through its Board of Directors, it appears that (1) the

appeal has been docketed and the filing fees have been paid; (2)

under Hawai i Rules of Appellate Procedure Rule 42(b), the

parties stipulate to dismiss the appeal, with each party bearing

its own attorneys' fees and costs; and (3) the Stipulation is

signed by counsel for all parties.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the Stipulation is

approved and the appeal is dismissed with prejudice. The parties

shall bear their own attorneys' fees and costs incurred on

appeal.

DATED: Honolulu, Hawai i, May 29, 2026.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

2