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``rr <br /> and Defendants then entered into the ADSA which amended the DSA. See Exhibit 2 of the <br /> counterclaim, Exhibit `B". Therefore, Defendants are seeking relief pursuant to the ADSA. <br /> The ADSA expressly prohibits any claims against the County or the County's property. <br /> The ADSA states-. <br /> All actions or claims against either the Sponsor[designated as WWH] or UniDev arising <br /> under or relating to this Agreement shall be made only against such part as a corporation, <br /> limited liability company or other legal entity, and any liability relating thereto shall be <br /> enforceable only against the corporate or company assets of such party. <br /> See¶ 14(c),Exhibit 2 of counterclaim, Exhibit`B". <br /> Therefore, Defendants promised that all actions related to the ADSA would be enforced <br /> against WWH and WWH's assets only and Defendants are precluded from seeking the assets of <br /> the County. It is undisputed that the property is currently owned by the County and therefore, it <br /> does not constitute assets of WWH. <br /> C. THE LIS PENDENS SHOULD BE EXPUNGED <br /> In a blatant attempt to coerce the County into paying Defendants, Defendants have filed a <br /> lis pendens against the property. In their attempt to receive millions of dollars which they are not <br /> entitled to, Defendants have placed a "cloud"on the title and attempt to jeopardize the affordable <br /> housing project in Waikoloa. A project which the people of Hawaii County desperately need <br /> and have patiently waited for. However, Defendants are not entitled to a lis pendens against the <br /> property. <br /> "Whether a lis pendens should be expunged is a question to be resolved in the exercise of <br /> the trial court's discretion." Knauer v. Foote, 101 Hawaii 81, 84, 63 P.3d 389, 392 (2003). On <br /> appeal, the decision is reviewed for an abuse of that discretion. Id. <br /> 1. Defendants' Claims Do Not Represent an Interest In Land <br /> HRS § 634-51 provides for the filing of a notice of pendency of action in "any action <br /> concerning real property or affecting the title or the right of possession of real property. The <br /> 13 <br />