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*** FOR PUBLICATION *** IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--KEAUHOU MASTER HOMEOWNERS ASSOCIATION, INC., a Hawai#i non-profit corporation; WILLIAM S. TAYLOR, as an individual, a trustee of the WILLIAM S. TAYLOR Trust and as a representative of a class of taxpayers and homeowners residing in Keauhou, Hawai#i; and WALTER KRIEWALD, as an individual and as a representative of a class of homeowners residing in Keauhou, Hawai#i, Plaintiffs-Appellants, vs. COUNTY OF HAWAI#I, a municipal corporation, HARRY KIM,1 in his capacity as a Mayor, RONALD K. TAKAHASHI,2 in his capacity as Deputy Director of Public Works, BRUCE MCCLURE,3 in his capacity as Director of Public Works, KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE, a Hawai#i non-profit trust organization, LOKELANI LINDSEY, HENRY PETERS, OSWALD STENDER, RICHARD WONG and GERARD A. JERVIS as Trustees of the Bernice Pauahi Bishop Estate, KAMEHAMEHA INVESTMENT CORPORATION, a Hawai#i corporation, and WATANABE, ING & KAWASHIMA, a Hawai#i partnership, Defendants-Appellees. NO. 23520 APPEAL FROM THE THIRD CIRCUIT COURT (CIVIL. NO. 95-6K) APRIL 8, 2004 MOON, C.J., LEVINSON, NAKAYAMA, AND ACOBA, JJ., AND CIRCUIT JUDGE MCKENNA, IN PLACE OF DUFFY, J., RECUSED

1 Pursuant to Hawai #i Rules of Appellate Procedure (HRAP) Rule 43(c)(1) (2000), Harry Kim is substituted for Stephen Yamashiro, the former Mayor of the County of Hawai #i. 2 Pursuant to HRAP Rule 43(c)(1) (2000), Ronald K. Takahashi is substituted for Riley W. Smith, the former Deputy Director of Public Works of the County of Hawai #i. 3

Pursuant to HRAP Rule 43(c)(1) (2000), Bruce McClure is substituted for Harold Sugiyama, the former Hawai #i County Chief Engineer. The County of Hawai #i currently refers to its "Chief Engineer" as "Director of Public Works."

*** FOR PUBLICATION *** OPINION OF THE COURT BY LEVINSON, J. The plaintiffs-appellants William S. Taylor, as an individual, a trustee of the William S. Taylor Trust, and as a representative of a class of taxpayers and homeowners residing in Keauhou, Hawai#i, and Walter Kriewald, as an individual and as a representative of a class of homeowners residing in Keauhou, Hawai#i [hereinafter, collectively, "the Appellants"],4 appeal from the following orders and judgment of the third circuit court, the Honorable Ronald Ibarra presiding: (1) the January 6,

1997 order partially granting and partially denying the Appellants' motion for partial summary judgment, filed July 19, 1996 [hereinafter, "the January 6, 1997 order"]; (2) the August 5, 1997 order granting the defendant-appellee Watanabe, Ing & Kawashima's [hereinafter, "WIK"] motion to dismiss or in the alternative for partial summary judgment, filed May 15, 1997 [hereinafter, "the August 5, 1997 order"]; and (3) the May 10, 2000 final judgment. The Appellants argue on appeal that the circuit court erred in: (1) filing the January 6, 1997 order; (2) ruling that

"[t]he Fair Debt Collection Practices Act (FDCPA)[, 15 United States Code (U.S.C.)

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Hawaii Law