By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.
***NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER*** APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CAAP-14-0000379; CIV. NO. 13-1-0874-03)
SUMMARY DISPOSITION ORDER
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of Petitioner/Appellee-Appellant Kyo-ya Hotels & Resorts LP's (Kyo-ya) appeal from the Circuit Court of the First Circuit's "Order Denying Appellee Kyo-ya Hotels & Resorts LP's Motion for Attorneys' Fees and Costs Under HRS § 607-14.5 Filed on 11/13/2013" (Order Denying Kyo-ya's Attorneys' Fees), entered on January 6, 2014, together with all submissions in support thereof, and in light of our decision in Surfrider Found. v. Zoning Bd. of Appeals, No. SCAP-13-0005781, 2015 WL 5597179 (2015), we conclude that the claims presented by Respondents/Appellants-Appellees are not frivolous within the meaning of HRS § 607-14.5 (Supp. 2014) so as to merit recovery by Kyo-ya of attorneys' fees and costs. See Tagupa v. VIPDesk, 135 Hawai'i 468, 479, 353 P.3d 1010, 1021 (2015) ("A frivolous claim is a 'claim so manifestly and palpably without merit, so as to indicate bad faith on the [pleader's] part such that argument to the court was not required.'" (alteration in original) (quoting Coll v. McCarthy, 72 Haw. 20, 29-30, 804 P.2d 881, 887 (1991)). Accordingly,
IT IS HEREBY ORDERED that the Order Denying Kyo-ya's Attorneys' Fees is affirmed.
DATED: Honolulu, Hawai'i, November 2, 2015.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson