SUMMARY DISPOSITION ORDER
Emma Naomi Meyers and Bushrod G. Meyers (the Meyerses) appeal from the “Order Granting in Part and Denying in Part Plaintiffs Motion for Partial Summary Judgment and for a Writ of Ejectment” and the “Writ of Ejectment” entered by the Circuit Court of the First Circuit on March 1, 2019.
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We affirm.
This case is about land (the Property) owned by the Department of Hawaiian Home Lands (DHHL). Mervin Smythe leased the Property from DHHL. The Meyerses lived there. After Mervin died there was a dispute between the Meyerses and Mervins nieces, Isette Pikake Kaehuae Smythe and Jamie Kaleinani Smythe Esprecion (the Nieces) over who would succeed to Mervins lease. After a contested case hearing the Hawaiian Homes Commission ordered Mervins lease transferred to Nieces, retroactive to June 26, 2012. Emma appealed. The circuit court affirmed. Emma filed a secondary appeal. We affirmed. Meyers v. Hawaiian Homes Commn, No. CAAP-18-0000801, 2023 WL 4636728 (Haw. App. July 20, 2023) (mem.) (Meyers I).
Nieces filed the complaint below against the Meyerses on December 9, 2016. The complaint alleged that Nieces were DHHL lessees; they acquired their interests from Mervin by order of the Commission; and the Meyerses lived on their property and refused to vacate. Nieces sought, among other things, a writ of ejectment. Nieces moved for partial summary judgment and a writ of ejectment. The Order and Writ were entered on March 1, 2019. This appeal followed.
The Meyerses argue that the Commission erred by ordering that Nieces succeed to Mervins lease. Emma, who was a party in Meyers I, and Bushrod, who is in privity with Emma, are precluded from challenging the Commissions Order. Bremer v. Weeks, 104 Hawai‘i 43, 53, 85 P.3d 150, 160 (2004). Even if claim or issue preclusion did not apply, the circuit court applied the correct law to the uncontroverted facts. The “Order Granting in Part and Denying in Part Plaintiffs Motion for Partial Summary Judgment and for a Writ of Ejectment” and the “Writ of Ejectment,” both entered on March 1, 2019, are affirmed.
Keith K. Hiraoka Presiding Judge
Karen T. Nakasone Associate Judge
Sonja M.P. McCullen Associate Judge
FOOTNOTES
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. The Honorable Dean E. Ochiai presided.