Kahalepauole v. Associates Four

791 P.2d 720, 8 Haw. App. 7, 1990 Haw. App. LEXIS 15
CourtHawaii Intermediate Court of Appeals
DecidedMay 7, 1990
DocketNO. 13442; CIV. NO. 86-2256
StatusPublished
Cited by2 cases

This text of 791 P.2d 720 (Kahalepauole v. Associates Four) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kahalepauole v. Associates Four, 791 P.2d 720, 8 Haw. App. 7, 1990 Haw. App. LEXIS 15 (hawapp 1990).

Opinion

[8]*8OPINION OF THE COURT BY

HEEN, J.

Defendants-Appellants Associates Four, Charles Pietsch, Jr., Charles Pietsch III, John P. Spierling, and Jerry K. Seo (collectively Defendants) appeal from the judgment below.1 We affirm.

I.

In an amended complaint filed on July 23, 1986, PlaintiffsAppellees James Kahalepauole, Ruby Canon Cubi, Thomas Canon, Roy Canon, and Ronald Canon (Plaintiffs) alleged that they were the owners of the following four kuleanas2 in the ahupua'a3of Waimea (Waimea Valley) on the island of Oahu:

[9]*9(1) Royal Patent 2904, Land Commission Award 11231 apana 1 (1.87 acres) and apaña 2 (2.865 acres) originally awarded to Kauki;
(2) Royal Patent 2610, Land Commission Award 7419 containing .615 acres originally awarded to Kahakuapa; and
(3) Land Commission Award 10461 containing 2.113 acres originally awarded to Niau.4

(Footnote added).

Plaintiffs alleged that they are the sole lineal descendants of one Ana Kahalepauole (Ana), who acquired the four kuleanas by a deed dated December 16,1899. The complaint alleged that Defendants own almost all of the remainder of Waimea Valley, control the access to the kuleanas, and “are attempting to constructively possess Plaintiffs’ property all without any right whatsoever.” The complaint requested that Defendants be ejected from the kuleanas and enjoined from interfering with Plaintiffs’ access to the kuleanas over ancient trails, or any right-of-way established by the court in this case.

Defendants’ answer denied Plaintiffs’ claim of title, admitted that Defendants own approximately 1800 acres in Waimea Valley, and claimed title to the kuleanas by adverse possession.

On May 27,1988, Plaintiffs filed a motion for summary judgment (SJ Motion) with supporting documents, asking the court to hold that they own the Kahakuapa and Niau kuleanas. On June 2, 1988, Defendants filed a motion to dismiss Plaintiffs’ claim of ownership of the Kauki kuleanas with prejudice (Motion To Dismiss) on the grounds that Plaintiffs had not established title to [10]*10them. The motions were heard on June 2,1988, and the SJ Motion was granted.

The court did not rule on the Motion To Dismiss, but stated orally that since it was brought under Rule 41(b), Hawaii Rules of Civil Procedure (HRCP) (1980)5 Plaintiffs would have to put on evidence of their title to the Kauki kuleanas or the court would have to grant the Motion To Dismiss. Plaintiffs’ counsel then explained that Plaintiffs could not prove their title to the Kauki kuleanas. However, they believed that they were entitled to access to the Kauki kuleanas on the basis of an answer filed by Ana as a respondent in a 1923 land court proceeding to register title to the Waimea Valley lands, in which Ana claimed to own the four kuleanas. The court thereupon asked Plaintiffs’ counsel if Plaintiffs were withdrawing their claim “to the access to the [Kauki kuleanas].” Plaintiffs’ counsel stated that that was his intention, since Plaintiffs were relying solely on Ana’s historical claim. However, Plaintiffs’ counsel then stated that he would go to trial rather than have the complaint dismissed with prejudice.

The bench trial began on June 16,1988. In his opening statement Plaintiffs’ counsel said:

This is an access case, Your Honor, not a quiet title case. My complaint seeks access to the four kuleanas, two they have already established by deed and by inheritance.
[11]*11This morning what we are going to show is that Ana Kahalepauole... asserted a claim in Land Court proceedings when the ahupuaas [sic] at Waimea were submitted [for] registration in 1926 [sic].6
And that claim was felt to have such merit apparently that these two kuleanas were excluded, specifically excluded from the Land Court registration. The indication that it belongs to the heirs of Kauki.
* * *
So we have a situation where although title to the two kuleanas are in question, it would appear my clients have at least a color of claim which in our opinion ought to be enough to warrant the Court’s granting them access to those kuleanas until such time as superior title is established in anyone else through the quiet title action.

Defense counsel concurred that this “is not a title case but rather an access case.” The thrust of defense counsel’s opening statement was that, since Plaintiffs could not prove title to the Kauki kuleanas they were not entitled to access to them, and the only question before the court was the location of the right-of-way to the Kahakuapa and Niau kuleanas. Defense counsel also stated that Defendants had taken possession of one of the Kauki kuleanas and were paying the real property taxes on it. Defendants objected to Plaintiffs’ suggestion that the court limit the trial to tire question of whether Ana’s historical claim entitled Plaintiffs to access to the Kauki kuleanas. Defense counsel stated, “[t]his is [Plaintiffs’] opportunity to prove [their] title. They cannot do so. [They] should not have a subsequent opportunity unless there is good cause.” Defense counsel’s opening statement does not support [12]*12Plaintiffs’ assertion that Defendants had acceded to the limited issue proposed by Plaintiffs’ counsel.

At trial, Plaintiffs’ evidence showed the following: in 1923 Maty Frances Van Valkenburg, Annie Elizabeth Mott-Smith, Oahu Railway and Land Company, and Hawaiian Land and Improvement Company filed Land Court Application No. 561 (Application) to register their title to land in Waimea Valley; an amended Application named Ana as a respondent, and alleged that she claimed an undivided interest in a portion of the land in Waimea Valley; on September 5,1924, Ana filed an answer claiming to be the owner of the Kauki, Kahakuapa, and Niau kuleanas; on December 31, 1924, the registrar of the land court ordered the four kuleanas excluded from the Application; on January 17,1925, the land court entered an order striking the four kuleanas from the Application; the land court decree of February 12,1925, excluded the Kauki kuleanas from registration and indicated the owners to be “Heirs of Kauki.”7 Plaintiffs’ evidence also showed that they and their ancestors had used an ancient trail over Defendants’ land to visit all four kuleanas and to cultivate taro on the Kahakuapa and Niau kuleanas. Plaintiffs did not attempt to prove their title to the Kauki kuleanas, and Defendants did not introduce any evidence.

On November 10, 1988, the lower court entered “Second Amended Findings of Fact and Conclusions of Law.” The trial court found, inter alia:

32. At trial, Plaintiffs did not try their claim to a right of way to Land Commission Award 11231, Apañas 1 and 2 on the basis of ownership by lineal descent. Instead, Plaintiffs asserted a right of way to Land Commission Award 11231, Apanas 1 and 2 based upon the “historical claim” made in the aforesaid Answer to the
[13]*13Petition filed by Ana Kahelepauole [sic] in Land Court Application No. 561.

Finding of Fact no. 32.

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Bluebook (online)
791 P.2d 720, 8 Haw. App. 7, 1990 Haw. App. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kahalepauole-v-associates-four-hawapp-1990.