Ewa Marina Settlement: Haseko’s $40 Million and Who Qualifies

The Ewa Marina settlement is a $40 million class-action resolution in which developer Haseko agreed to compensate about 2,900 households that bought homes in the Ocean Pointe and Hoakalei communities in ʻEwa Beach, Oʻahu, before Haseko announced in November 2011 that it would replace the long-promised boat marina with a recreational lagoon. A Hawaiʻi Circuit Court judge granted final approval on July 8, 2025, ending 14 years of litigation.¹

Who Qualifies and How Much Each Household Gets

The class covers any individual or entity that purchased a new home from Haseko in the Ocean Pointe or Hoakalei project before November 6, 2011, the date Haseko announced the switch from marina to lagoon. Whether you still own the home or sold it afterward does not matter. The class was certified on those terms in October 2014 and ultimately included roughly 2,900 households.¹

Of the $40 million fund, roughly $25 million goes to class members, producing a minimum payment of $8,600 per eligible household. Attorney fees account for $13.3 million, which the court found “manifestly fair, reasonable, and adequate” given the contingent representation and the risks counsel took on over more than a decade. Litigation costs and settlement administration consume about $2 million.¹

Haseko did not admit wrongdoing in the settlement.¹

Do You Need to File a Claim

No. Eligible class members did not have to submit a claim form to participate. Households that took no action were automatically included in the settlement.²

The fund is administered by the Ewa Marina Notice Administrator, operated by Angeion Group out of Philadelphia. Available reporting does not confirm whether individual checks have yet been mailed.³

What the Lawsuit Was About

When Haseko bought the 1,100-acre ʻEwa parcel in 1989, its plans centered on a man-made marina. Early designs called for as many as 2,500 boat slips and 8.5 miles of residential waterways, and marketing materials advertised ocean access and berths suitable for deep-draft sailing yachts. The marina shrank over the years, from 2,500 slips to 1,500 to roughly 600, and from 120 acres of water to 54, but it stayed the headline feature as Haseko sold thousands of homes in Ocean Pointe and later Hoakalei.⁴

On November 6, 2011, Haseko announced it would convert the already-dredged basin into a recreational lagoon with no boat slips and no ocean connection. Company vice president Sharene Saito Tam said the change was needed to ensure “timely” completion. Haseko cited the cost of the ocean entrance channel and weak projected demand.⁴

In July 2013, lead plaintiffs Matt and Julia LoPresti and seven other homeowners filed suit in the Circuit Court of the First Circuit, State of Hawaiʻi (Case No. 13-1-1995-07) against ten Haseko-related entities. The homeowners alleged a “bait and switch”: Haseko had marketed a marina community and then removed the feature that persuaded them to buy. The central legal claim was that this conduct violated Hawaiʻi’s consumer protection statute, HRS § 480-2, which prohibits unfair and deceptive trade practices.⁵

Plaintiffs were represented by Terrance Revere of Revere & Associates, Michael Jay Green of the Law Offices of Michael J. Green, and P. Kyle Smith. Haseko was defended by Steven K. S. Chung of Imanaka Asato.⁶

How the Case Reached $40 Million

The litigation ran through two trials and a five-year appeal before it settled. A jury trial before Judge Gary W. B. Chang began on July 21, 2015. On September 8, 2015, the jury found four Haseko defendants liable for unfair and deceptive trade practices and awarded $1,300 per household in compensatory damages plus $20 million in punitive damages, roughly $27 million total.⁷

On October 28, 2015, Judge Chang set aside the verdict, ruling that plaintiffs had not shown any homeowner was actually damaged by the switch and that the consumer protection statute did not authorize punitive damages in this context.⁸

The remaining equitable claims went to Judge Karen T. Nakasone. In January 2018, she ruled that condominium purchasers could rescind their contracts and recover the purchase price with interest, and she awarded $20 million in unjust enrichment relief to be divided pro rata among homeowners who did not rescind. Final judgment on those rulings was entered September 27, 2019. Both sides appealed.⁹

On September 16, 2024, the Hawaiʻi Intermediate Court of Appeals (CAAP-19-0000725) reinstated the jury’s $1,300-per-household compensatory award and ordered it trebled under the consumer protection statute, finding plaintiffs had shown damages under a benefit-of-the-bargain theory (roughly $20,000 per home in marina construction costs baked into purchase prices but never delivered). At the same time, the ICA vacated parts of Judge Nakasone’s judgment, holding that the rescission claims were time-barred by the statute of repose, and remanded for further proceedings.⁵⁸

With more trial court proceedings and a possible Hawaiʻi Supreme Court appeal ahead, the parties mediated. They reached agreement on January 13, 2025, and Haseko committed to pay $40 million into a settlement escrow.⁹

Circuit Court Judge Steven Nichols granted final approval on July 8, 2025, after a fairness hearing. In his order, he described “more than a decade of hard-fought litigation, two separate trials, and a five-year cross appeal,” and said the case raised “novel legal issues and theories under Hawaii law that has resulted in new legal precedent for Hawaii consumers.” He found the settlement gave plaintiffs more than they had been awarded at trial while also covering fees and interest.⁴

Other Haseko Settlements at Hoakalei

If you own a home at Hoakalei, two other class actions against Haseko are separate from the marina case, with their own eligibility rules and payments.

The Zaloudek v. Haseko Homes, Inc. case (Civil No. 1CCV-21-0000993) concerns metal “shot pins” in home foundations that plaintiffs alleged corrode prematurely. Haseko agreed to a $23 million fund providing $4,500 cash per qualifying home plus a repair program expected to run through December 2028. The court granted final approval on October 13, 2025.¹⁰

An earlier construction defect case, Mitsuoka v. Haseko Homes, Inc., was filed in 2012 and settled for $20 million covering 621 units, with 42% of the fund going to legal expenses and taxes. Homes already resolved under Mitsuoka were excluded from the shot pin class for those specific claims.¹⁰

1
Honolulu Star-Advertiser. Ewa Developer to Pay $40 Million to Resolve Lagoon Suit
2
Ewa Marina Settlement. Frequently Asked Questions
3
Ewa Marina Settlement. Contact Us
4
Honolulu Civil Beat. Ewa Developer Settles Marina Case for $40 Million
5
FindLaw. Lopresti v. Haseko (Hawaii), Inc.
6
Ewa Marina Settlement. Final Approval Order
7
Honolulu Star-Advertiser. Jury Awards Ewa Beach Homeowners $27M in Marina Dispute
8
Hawaiʻi Intermediate Court of Appeals. Lopresti v. Haseko, CAAP-19-0000725
9
Ewa Marina Settlement Agreement. Settlement Agreement and Release
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Hoakalei Shot Pin Class Settlement. Frequently Asked Questions