Ed Case has both practiced at the highest levels of Hawaii law and served at the highest levels of elective office throughout his three-decade career. He was a successful real property and commercial litigator before focusing for the last quarter century on business law with an emphasis on real property transactions and development. He also served Hawai'i in the U.S. Congress for four years and in the Hawaii State Legislature for eight years. His unique breadth and depth of experience in both government and the private sector allow him to accomplish creative solutions to the most complex challenges.
Mr. Case's practice encompasses business, property and financial transactions. His clients include both Hawaii residents and businesses doing business throughout Hawaii and beyond, and U.S. Mainland and foreign individuals and businesses with Hawaii interests. Representative clients and cases have included the following:
- Represented purchaser of 3,500 acres of Parker Ranch land on the Island of Hawaii.
- Represented lessee/fee optionholder of 500 acres of Navy land at Kalaeloa, Oahu in all aspects of property administration, leasing, fee purchase, federal, state and county government coordination and specific project development, including the new Federal Bureau of Investigation Hawaii/Pacific headquarters.
- Represented foreign national residing in Hawaii in formation and operation of entities relating to energy production in Hawaii and North America, Asia and Oceania.
- Represented Hawaii union in acquisition of headquarters in Honolulu.
- Represented developer of 4,000 acre mixed-use development on the Island of Hawaii in all aspects of development and administration, including water rights, project financing, developable lot sales and joint development agreements.
- Represented owner/developer of Kapolei Business Park on the Island of Oahu in condominiumization of property and marketing and sale of units.
- Represented potential purchaser of forest lands on the Island of Hawaii.
- Represented Hawaii entity in negotiation and documentation of joint venture agreement for development and operation of a solar energy park.
- Represented seller of business park on the Island of Kauai.
- Represented contractor in renegotiation of lease/fee option agreement for development of large residential project at Ewa, Island of Oahu.
- Represented Hawaii entities in joint venture participation with U.S. Mainland and Alaska entities in successful bids for U.S. military contracts for Territory of Guam base improvements.
- Represented seller of principal Hawaii laundry and dry cleaning company.
- Represented owner/developer of agricultural condominium on the Island of Kauai in drafting/recordation/approval of condominium documents and marketing of units.
- Represented hard money lenders in loan negotiation, documentation and securitization in Hawaii properties.
- Represented builder in negotiation/documentation of contracts with the Hawaii Department of Hawaiian Home Lands to build homes on DHHL developments.
- Represented various purchasers of luxury condominiums on the Islands of Hawaii, Kauai and Oahu in contract rescissions and renegotiations.
- Represented buyers or sellers of multiple large Hawaii properties, including Kuilima Resort, Seibu Golf Course and Davies Pacific Center; several transactions via IRS Section 1031 tax-deferred exchange.
- Represented Hong Kong-based seller of controlling shares in Regent International Hotels.
- Drafted Master Declaration of Covenants, Conditions and Restrictions and related governing documents for the City of Kapolei on Oahu.
- Represented developer of One Kalakaua, a Honolulu fee simple senior living condominium, in partnership, property condominiumization, sale and all other development aspects.
- Represented large medical partnership in negotiation and documentation of refinancing/construction loan.
- Represented owner associations of leasehold cooperative and condominium apartment projects, including Aloha Towers, Twin Towers and Terrazza, in negotiation, financing and purchase of leased fee interests.
- Represented owner of ten-acre Oahu oceanfront parcel in condemnation action by City and County of Honolulu.
- Represented over fifteen community associations, including the Kahala Community Association, in condemnation trials to value and acquire leased fee interests.
- Represented master lessee of large commercial income property in urban Honolulu in arbitration of lease rent adjustment; similar representations include lessee at Waikiki Hotel and lessors of Honolulu and Kailua-Kona commercial sites.
- Represented owners of luxury/resort properties on Maui, Kauai and Molokai in prosecution and resolution of appeals of real property tax assessments.
- Represented residential lessees in successful appeal to U.S. Supreme court on constitutionality of the Hawaii Land Reform Act.
- Represented owners in negotiation and documentation of construction contracts for various projects including the Hyatt Regency Guam, Manele Bay Hotel and Lodge at Koele.
- Represented major bank in lender liability action defense.
- Represented developer of major multi-phase Maui residential property project in construction defect-related litigation.
- Represented trustees of major Hawaii land trust in prosecution and settlement of professional malpractice action.
- Represented trustees of two major Hawaii land trusts in issues related to dissolution.
Mr. Case was born and raised on the Island of Hawaii, the fourth generation of his family in Hawaii. He was educated at Hawaii Preparatory Academy (Waimea), Williams College (Massachusetts) and University of California/Hastings College of Law (San Francisco).
Mr. Case was issued his license to practice law in Hawaii in 1981. He clerked for Hawaii Supreme Court Chief Justice William Richardson from 1981 to 1982, and practiced with Carlsmith Ball in Honolulu from 1982 to 2002 as associate, partner and managing partner.
Mr. Case's Hawaii bar-related activities have included the following:
Co-Author, Hawaii Supreme Court Hawaii Appellate Handbook; Board of Bar Examiners, Supreme Court of Hawaii; Attorneys and Judges Assistance, Program Board, Supreme Court of Hawaii; Delegate, Judicial Conference of Hawaii; Judicial Council; and Barrister, American Inns of Court, IV. He also instructs continuing legal education courses in real property and transactional law.
Mr. Case served as Hawaii State Representative from 1994 to 2002, including service on the Judiciary Committee and as Majority Leader. He served as United States Congressman representing Hawaii's Second District from 2002 to 2007.
Mr. Case has practiced law with Bays Lung Rose & Holma since his return from Congress in 2007. He currently serves as one of two members of the firm's Executive Committee.
