RCA Trade Center, Inc. v. Hu (Hawaii Anti-SLAPP Dismissal of Developer's Zoning-Complaint Suit)
The Hawaii Intermediate Court of Appeals affirmed dismissal of a suit developer RCA Trade Center, Inc. and affiliate MP Unit 21, LLC brought against neighboring landowners Wayne and Tara Hu over a letter opposing agricultural warehouses at the Marconi Point Condominiums near Kahuku, Oahu. The Hus successfully invoked Hawaii's Uniform Public Expression Protection Act (UPEPA), Hawaii's anti-SLAPP statute, arguing their letter to the developer's attorneys and government agencies was protected speech on a matter of public concern; the trial court and the appeals court agreed and upheld an award of attorney fees and costs against the developer.
Why it matters
Signals that Hawaii developers who respond to neighbors' zoning or permitting complaints with litigation risk a fee-shifting anti-SLAPP dismissal, and illustrates how a letter to regulators — not any court filing — can be the actual source of a developer's practical exposure (here, a suspended USDA loan).
Read the full write-up and case timeline
The complete analysis of this matter, with its procedural history and practical takeaways.
Open the full matterGet an email when a matter like this is filed
Set up a free watchlist for zoning & land use matters in Hawaii, or for the tenants, borrowers and guarantors in your portfolio.
Create a watchlistMore zoning & land use matters
CREdocket summarizes public court records and reporting; see our sourcing standards and corrections log. Not legal advice. Facing something similar? Contact us.