From Lupton v. Kardash, decided Thursday by the Hawaii Intermediate Court of Appeals (Judges Keith K. Hiraoka, Clyde J. Wadsworth, and Kimberly T. Guidry):
Following a bench trial, the District Court enjoined Kardash from, among other things, contacting, threatening, or harassing his neighbor [Lupton] … for a period of three years…. The uncontested FOFs [Findings of Fact] … stated:
[25.] [Lupton] testified that after [Kardash] moved in [Kardash] installed security floodlights which were directly aimed into [Lupton]'s residence and were continually kept on during hours of darkness ….
[26.] [Lupton] testified that the effect of the security floodlights from [Kardash]'s home caused [Lupton]'s bedroom to be lit up which makes it extremely difficult for [Lupton] to sleep at night …. [Lupton] testified that she asked [Kardash] at the outset if he could direct his security floodlights so that it was not pointed directly into her home and [Kardash] replied that [Lupton] should "buy some black out curtains." ….
[32.] [Lupton] testified that [Kardash]'s extremely loud piano playing would sometimes last for 3 to 4 hours and would occur at all times of the day and night to include 7:00 am in the mornings on holidays and as late at night as 10:30 and 11:00 pm.
[33.] [Lupton] testified that she worked at home remotely during the pandemic and that her work required the constant and consistent use of her telephone. Callers commented that they could not hear [Lupton] clearly over the telephone because of [Kardash]'s piano playing in the background and consequently, [Lupton] was called back to work at the office and could not work remotely.
