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5 Hawaii opinions name it 2 courts 2002–2023 2 in the last five years
The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hawaiian Homes Commission v. Bushgreen2 sentences2022Jur. 2d Estoppel and Waiver § 160 at 845 (1966))); Coon v. City & Cnty. of Honolulu, 98 Hawai#i 233, 261-62, 47 P.3d 348, 376-77 (2002) ("While the question whether a valid waiver exists is generally a question of fact, 'when the facts are undisputed it may become a question of law.'" (quoting Hawaiian Homes Comm'n v. Bush, 43 Haw. 281, 286 (1959))). 2008While the question whether a valid waiver exists is generally a question of fact, “when the facts are undisputed it may become a question of law.” Hawaiian Homes Comm’n v. Bush, 43 Haw. 281, 286 (1959) (citations omitted); see also Stewart v. Spalding, 23 Haw. 502, 517 (1916) (“The question of waiver is usually a mixed one of law and fact but where the facts are undisputed and are susceptible of but one reasonable inference it becomes one of law for the court.” (Citations omitted.)). | 4 | 4 |
Coon v. City and County of Honolulugreen2 sentences2022Jur. 2d Estoppel and Waiver § 160 at 845 (1966))); Coon v. City & Cnty. of Honolulu, 98 Hawai#i 233, 261-62, 47 P.3d 348, 376-77 (2002) ("While the question whether a valid waiver exists is generally a question of fact, 'when the facts are undisputed it may become a question of law.'" (quoting Hawaiian Homes Comm'n v. Bush, 43 Haw. 281, 286 (1959))). 2008Id. at 261-62, 47 P.3d at 376-77 (some citations and original ellipsis omitted) (emphasis added). | 3 | 3 |
Stewart v. Spaldinggreen2 sentences2008While the question whether a valid waiver exists is generally a question of fact, “when the facts are undisputed it may become a question of law.” Hawaiian Homes Comm’n v. Bush, 43 Haw. 281, 286 (1959) (citations omitted); see also Stewart v. Spalding, 23 Haw. 502, 517 (1916) (“The question of waiver is usually a mixed one of law and fact but where the facts are undisputed and are susceptible of but one reasonable inference it becomes one of law for the court.” (Citations omitted.)). 2003While the question whether a valid waiver exists is generally a question of fact, "when the facts are undisputed it may become a question of law." Hawaiian Homes Comm'n v. Bush, 43 Haw. 281, 286 (1959) (citations omitted); see also Stewart v. Spalding, 23 Haw. 502, 517 (1916) ("The question of waiver is usually a mixed one of law and fact ..., but where the facts are undisputed and are susceptible of but one reasonable inference it becomes one of law for the court." (Citations omitted.)). | 3 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Office of Hawaiian Affairs v. Housing & Community Development Corporation of Hawai'i
green
1 sentence2023OHA, 117 Hawai #i at 201, 177 P.3d at 911 . 21 FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Alpha has not shown that the Hearings Officer's mixed conclusion of fact and law rejecting Alpha's estoppel argument, i.e., Decision FOF/COL 22, was clearly erroneous. | 1 | 2023–2023 |