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A state circuit judge Wednesday set aside a jury award of about $27 million to Ewa Beach homeowners who sued Haseko over the decision to develop a recreational lagoon instead of a marina in the area.
The ruling by Circuit Judge Gary W.B. Chang comes after a jury agreed last month that Haseko had engaged in an unfair and deceptive act or practice, awarding about 1,800 Ocean Pointe and Hoakalei homeowners about $7 million in special damages and $20 million in punitive damages.
“The ruling will not be changed unless the plaintiffs appeal,” Haseko lawyer Steven Chung said Wednesday. “In any kind of lawsuit, you have to prove both liability and damage.” He said the evidence showed that “the homeowners were not damaged as a result of the change. The change would benefit more people.”
Michael Green, the homeowners’ lawyer, said Wednesday that they plan to appeal the ruling and will appear in front of a different judge to seek other possible remedies for the homeowners. He said he hopes the jury’s verdict will eventually be reinstated. But until then, he said, the homeowners do not get “a single penny.”
“We’re sickened and disappointed,” Green said. “This jury obviously registered their absolute outrage. Now to have this happen is just very disheartening.”
Haseko’s 2011 announcement that it would build a recreational lagoon instead of a marina prompted nine homeowners to file a class-action lawsuit in July 2013. Homeowners made claims against the developer for unfair or deceptive acts or practices, negligent misrepresentation and breach of implied duty of good faith. The jury agreed that Haseko engaged in an unfair and deceptive act or practice but that it did not violate the other two claims.
Haseko officials cited environmental concerns and a lack of hotel interest to develop near a marina as some reasons why a lagoon would be more beneficial and accessible to residents.