CINDY ELLEN RUSSELL /2023
Developer Haseko (Hawaii) Inc. changed the main feature of an Ewa community from a marina to a lagoon. Pictured is the lagoon at Wai Kai within the Hoakalei Resort.
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After more than a decade of legal action, an appellate court last week found some 1,800 homeowners at Ocean Pointe and Hoakalei Resort are entitled to $27 million for a promised marina that failed to materialize. The class-action lawsuit brought against Haseko (Hawaii) Inc. dates back to 2013, two years after the developer modified plans for the Ewa community’s main feature, deciding instead to build out a lagoon.
The final sum — $7 million in loss-related damages and $20 million in punitive damages, both awarded by a jury in 2015 — is far less than the $130 million initially sought by plaintiffs, though disgruntled homeowners can opt out of the award and revoke their land buy to receive a refund plus interest, taxes and attorneys’ fees.