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DFS Galleria Waikiki

Stubenberg & Durrett's driving philosophy is to obtain the best result possible for our clients as efficiently as possible. The following highlights some of the representative matters illustrating our philosophy of getting the best result for our clients:

•  We represented the Swire Group, one of the largest British-owned companies in Hong Kong, for many years in connection with all matters relating to the development of a large condominium project in Kaneohe, Hawaii. During the course of the development, three adjoining property owners who claimed their scenic ocean views were blocked by the project instituted legal action to attempt to have a substantial portion of the project torn down. An adverse ruling from a citizens commission necessitated an appeal to the Hawaii Supreme Court. In a complete reversal of the administrative ruling, the State Supreme Court entered Judgment in favor of our clients and later selected our firm's Opening Brief as the best example of appellate writing from the State of Hawaii in connection with the annual Scribe's Brief Writing Competition sponsored by the American Society of Writers on Legal Subjects.

DFS Galleria

  We represented the owners of Duty Free Shoppers DFS, the largest duty free retail operator in the world, in assembling an entire block of prime commercial real estate in central Waikiki. By using various legal strategies, we were able to assemble the block in total confidentiality and without instigating a dramatic price rise, thereby saving our client millions of dollars.

  After construction of the flagship Waikiki Duty Free Building, a prior owner of one of the parcels under the building filed suit against the owners of the Duty Free building claiming that the building exceeded a height restriction in its deed. The owner subsequently made excessive monetary demands from the owners of the Duty Free building. When the owners of the Duty Free building refused to accede to the demands of the plaintiffs, a State lower court judge ordered that a portion of the building be torn down. The tear down would have cost millions of dollars. We were successful in obtaining a total reversal of that decision in a landmark ruling from the Hawaii Supreme Court. That case is now considered the leading case in the State with respect to restrictive covenants.

  A few years ago, the Hawaii campus of Brigham Young University was sued by the Sierra Club Legal Defense Fund alleging thousands of violations of the Federal Clean Water Act at its Hawaii sewage treatment plant. We were able to negotiate capital improvements in lieu of fines and penalties in order to settle the matter for a fraction of what other defendants have had to pay in similar circumstances.

  We successfully obtained from the Honolulu City Council a zoning change from "residential" to "commercial" of our client's property in the upscale Waialae-Kahala district of East Honolulu in order to permit the construction of a new office building. The only successful "up-zoning" of its type in this exclusive residential area for many years was accomplished over the vigorous opposition of neighborhood groups.

Hawaiki Tower

  We represented the borrower in one of the first ever yen-based real estate financings in the United States. The transaction involved more than 9,000,000,000 Yen and pertained to a complex retail development in Waikiki.

  The firm represented the Bank of California in a $70,000,000 loan to the Kapiolani Health Care Systems in connection with the purchase of Pali Momi Hospital in Aiea, Hawaii.

  We represented National Housing Corp. in connection with the acquisition, refinancing, and sale of the massive Kalele Kai condominium project in Hawaii Kai, in a transaction valued at approximately $70,000,000.

  In 1999, we represented a consortium of fifteen U.S. and Taiwan lenders with respect to the $85,000,000 construction financing of the Republic of Nauru's Hawaiki Tower project.

Shangri-La

  In a very publicized proceeding, we recently obtained all the land use entitlements necessary to convert the late Doris Duke's magnificent Diamond Head estate, Shangri-La, into an art and cultural center. The estate will become a major public attraction in Hawaii.



Hawaii's growth has been exciting and dynamic in the years since the firm's founding. Our mission is to meet our clients needs as they participate in their dynamic future.

 

 

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Pauahi Tower, Suite 808 | 1001 Bishop St | Honolulu, HI 96813
Telephone: (808) 526-0892 | Facsimile: (808) 533-4399


info@stubenbergdurrett.com

James A. Stubenberg: jstubenberg@stubenbergdurrett.com
Jonathan S. Durrett: jdurrett@stubenbergdurrett.com
Jon A. Zahaby: jonny@stubenbergdurrett.com

www.StubenbergDurrett.com