The Hawaii Supreme Court late last month ruled in favor of a Maui kuleana family, who will now get a chance to again defend their claim of land ownership in West Maui’s Kaua’ula Valley.

The ruling issued Nov. 28 favored Ke’eaumoku Kapu and his family and sent the case back to 2nd Circuit Court on Maui where it originated.

The opinion said the Circuit Court “abused its discretion” in denying Kapu a motion for reconsideration in a decision against him and his family years ago. It also said the lower court “erred” by not allowing Kapu to have a hearing over a summary judgment.

In 2009, West Maui Land Co. subsidiary Makila Land filed suit in 2nd Circuit Court claiming it was the true owner of the parcel known by the name of the Land Commission awardee, Olala, and that it received the land title from Pioneer Mill.

Kapu and his family say they are the owners of the land, as unlike Makila, they are direct descendants of the original owner Olala, and alternatively because they had gained title to the land by adverse possession, according to court records.

In 2012, the court ruled in Makila’s favor.

That set off a yearslong series of court hearings and appeals for the families and Makila Land.

“I’m kind of glad were are the point pertaining to addressing the issue again, and I mean if it takes going to court another 16 years, I guess, that’s the route I got to go,” Kapu said on Friday. “But hopefully, now I’m really glad of the judiciary system, especially for the Supreme Court looking at every finite kuleana responsibility that hasn’t been applied to and gives us an opportunity at the forefront to address those concerns and issues we had before.”

In a statement earlier this week, Makila said: “We are disappointed by the Hawai’i Supreme Court’s decision to reverse in part and remand for further proceedings. We believe that the trial court and the Intermediate Court of Appeals had it right. Nevertheless, we respect the decision and look forward to validating our title at trial and through any subsequent appeals.”

In a news release, the Kapus say that after the 2012 ruling against them, they appealed. In 2016, the appeals court vacated the Circuit Court’s decision and sent it back for further proceedings.

In 2017, the Kapus said that without any notice to the family, Makila Land sought summary judgment, which was granted in 2nd Circuit Court.

A month after the action, Kapu learned of the decision from Makila attorneys and requested the court reopen the matter and allow Kapu a hearing. The request was denied by 2nd Circuit Court Judge Rhonda Loo, who has since retired.

Kapu appealed again and in 2019, the appeals court affirmed Loo’s decision.

Kapu then sought the Hawaii Supreme Court’s review and oral arguments were held in September 2019.

In its ruling, the Hawaii Supreme Court said the Circuit Court “abused its discretion” when it declined to construe Kapu’s pro se letter as a motion for reconsideration of the Circuit Court’s order granting summary judgment in favor of Makila.

The court also “erred” when it denied Kapu an opportunity to be heard on the merits of Makila’s motion for summary judgment.

Kapu said the parcel in question is about 4 acres and the family home is there along with 24 taro patches. His late father also lived in the valley.

The recent 2,100-acre brush fire in November also came around the property and part of a shed burned, said Kapu, who thanked the Maui Fire Department, which provided helicopter air drops.

Kapu was represented by Daniel Gluck as part of the Appellate Pro Bono Program.

* Melissa Tanji can be reached at mtanji@mauinews.com.