Marn, Jr. v. McCully Associates — Hawaii Supreme Court rejects applications for writ of certiorari

Case
JAMES YEE MARN, JR., as a limited partner of McCULLY ASSOCIATES, a Hawaiʻi registered limited partnership, for and on behalf of McCULLY ASSOCIATES and its limited partners, Respondent/Plaintiff-Appellee, vs. McCULLY ASSOCIATES, a Hawaiʻi registered limited partnership; ALA WAI INVESTMENT, INC., a Hawaiʻi corporation, as general partner of McCULLY ASSOCIATES, Respondents/Defendants-Appellees, and ALEXANDER Y. MARN, individually and as officer and agent for ALA WAI INVESTMENT, INC., Petitioner/Defendant-Appellant.
Court
Supreme Court of Hawaii
Judge
Sabrina S. McKenna (Neil Abercrombie, 2011); Todd W. Eddins (David Ige, 2020)
Date Decided
July 28, 2026
Docket No.
SCWC-23-0000389
Topics
Certiorari, Appellate Procedure, Application Rejection
Source
Read the full opinion

Background

This case involves Petitioner Alexander Y. Marn, individually and as an officer and agent for Ala Wai Investment, Inc., who filed Applications for Writ of Certiorari with the Supreme Court of Hawaiʻi. These applications were submitted in the context of a broader legal dispute, identified as the “Marn Family Litigation,” which also involves James Yee Marn, Jr. as a limited partner of McCully Associates, a Hawaiʻi registered limited partnership.

The applications for writ of certiorari were filed on June 16, 2026, seeking review of decisions made by the Intermediate Court of Appeals (CAAP-23-0000389 and CAAP-24-0000481). A writ of certiorari is a request for a higher court to review a lower court’s decision, typically granted when there are significant legal questions or conflicts between courts.

The Court’s Holding

The Supreme Court of Hawaiʻi issued an “Amended Order Rejecting Applications for Writ of Certiorari” on July 28, 2026. The order, authored by Acting Chief Justice McKenna and Justice Eddins, explicitly states that “Petitioner Alexander Y. Marn’s Applications for Writ of Certiorari, filed on June 16, 2026, are hereby rejected.”

This rejection signifies that the Supreme Court declined to exercise its discretionary review over the matters presented in Alexander Y. Marn’s applications. The court provided no further explanation or reasoning for its decision in the brief order.

Key Takeaways

  • The Hawaiʻi Supreme Court rejected Alexander Y. Marn’s applications for writ of certiorari.
  • The rejection means the Supreme Court will not review the lower court decisions challenged by the petitioner.
  • This decision pertains to ongoing “Marn Family Litigation” and related appeals.

Why It Matters

The Hawaiʻi Supreme Court’s rejection of the applications for writ of certiorari means that the rulings of the Intermediate Court of Appeals in the underlying cases (CAAP-23-0000389 and CAAP-24-0000481) will stand. This decision effectively concludes the appellate process for the specific issues raised in Alexander Y. Marn’s applications, at least at the state’s highest court level.

For attorneys tracking the “Marn Family Litigation,” this indicates a potential finality regarding the disputed points and reinforces the principle that certiorari is a discretionary review mechanism, not an automatic right of appeal. The outcome underscores the high bar for obtaining Supreme Court review in Hawaiʻi.

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