Ke Ao Hāli‘i prevails in lawsuit over claim of implied easement

Ke Ao Hāli'iLands

On February 27, 2023, DeJetley Partnership LLC filed a petition in Hawaii land court, claiming to have an “implied easement” from their neighboring parcel across Ke Ao Hali‘i’s property to the shoreline at Mokae. 

Ke Ao Hali‘i retained legal representation to contest the petition. Hawaii Land Trust (HILT) and the County of Maui (COM), which co-hold the conservation easement on the land, also joined as parties to the case.

On December 5, 2025, Judge Kevin T. Morikone filed his Findings of Fact, Conclusions of Law, and Order in the Land Court of the First Circuit of Hawaii.

The Court granted judgment in favor of KAH, HILT, and the COM and against Petitioner on all counts of the Petition, and the Petition was DISMISSED with prejudice. 

The Court’s findings include:

  • Petitioner failed to demonstrate any evidence supporting the finding of a prior grant of an easement in favor of petitioner.
  • Petitioner’s offer to purchase an easement constitutes a legal admission that no easement exists.
  • A finding of no implied easement does not unreasonably impair Petitioner’s access to the ocean or any other cultural site. KAH’s mission is to maintain the property in perpetuity and to allow structured access that balances with preservation needs, and HILT joins in that mission to the extent it preserves HILT’s Conservation Easement and the Conservation Values of the property. To that end, KAH maintains a convenient public shoreline access point mere steps from Petitioner’s Property. All KAH and HILT ask in return is that those who access the property do so responsibly and with due respect, consistent with the cultural mission stated herein. 

On January 21, 2026, DeJetley Partnership LLC filed an appeal to the Intermediate Court of Appeals (the “ICA”), so the case is ongoing. 

Ke Ao Hali‘i would like to express our deepest mahalo to all of the community members who supported us through this process, including contributors to the legal defense fund. KAH continues to gratefully accept contributions to support the legal defense for the appeal process.