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High court to
reconsider ex-Beatle’s
easement request

By Debra Barayuga
Star-Bulletin

The Hawaii Supreme Court is giving ex-Beatle George Harrison a reprieve from neighbors cutting across his Maui property to get to the ocean.

The high court yesterday granted Harrison's request to reconsider its February decision affirming a 1993 lower-court ruling that allowed people to use an easement across his property.

Harrison owns a 60-acre oceanfront parcel in Nahiku, Maui.

After a trial in 1993, Harrison indicated he would sell the property if the court ruled against him.

"The facts in this case show that there are genuine issues of material fact on all issues and the matter could not be decided on summary judgment," wrote the five justices, including acting Associate Justice Dexter Del Rosario. The case will be sent back to Circuit Court.

The decision issued yesterday also voided a November 1993 order declaring a pedestrian easement on Harrison's property, a January 1994 order denying the neighboring property owners' request to require Harrison to build and maintain the easement, and a February 1993 order designating the easement to be perpetual.

Harrison has said he didn't know there was an easement on the property when he bought it 20 years ago.