High-rise residents file suit over club
By Curtis Lum
Advertiser Staff Writer
A homeowners association is accusing a former state judge of operating an unlicensed nightclub in the penthouse of the Century Center and has taken legal action to remove the club.
The Association of Apartment Owners of Century Center filed a lawsuit in Circuit Court against Nu-u Corp., which owns an apartment on the 40th and 41st floors of Century Center on Kalakaua Avenue. The association is accusing Nu-u Corp. and its agent, former Family Court District Judge Richard Lee, of running a nightclub, The Top of Honolulu, without a liquor license.
The association is seeking a permanent injunction to stop the activity. A hearing on the request has been set for Aug. 17 before Circuit Judge Victoria Marks.
In its motion for a summary judgment and injunctive relief filed in Circuit Court on July 2, the association said that since February it has been "besieged" with complaints regarding the nightclub operations. The complaints included objections to unauthorized parking, loud music, fights and smoking.
Numerous complaints have also been made to the police, the lawsuit said.
Calling the club activity a nuisance, the lawsuit said it violates house rules.
Before the suit was filed, Nu-u Corp. and Lee were notified of the complaints but refused to address them, the lawsuit said.
An official with the Honolulu Liquor Commission confirmed that none of the entities associated with The Top of Honolulu has a liquor license and an investigation is under way.
At a Web site, The Top of Honolulu has advertised itself as "the first and only private club for the singles of mid 20s and up."
Among activities offered at the club are wine tasting, martini and champagne nights, and a "VIP private gentleman's club" operating from 11 p.m. to 6 a.m. Saturdays.
Lee, 57, a Family Court district judge from 1973 to 1985, ran unsuccessfully for a City Council seat in 2002, listing his occupation as an attorney and a certified public accountant.
He could not be reached for comment, but in a response to the lawsuit filed in Circuit Court on June 21, Lee denied the allegations. Lee said the noise allegations were "moot" because the individuals who provided music for the club were terminated from their jobs on June 1. He said an engineer was hired to "minimize or cure any problems with sound emanating outside of apartment 4000."
In the court document, Lee said Nu-u contacted the owners and occupants of apartments near the club, did sound tests, and "cured any alleged sound and/or nuisance problems." Lee also said no decibel reading was taken by the association, as required by law, and said the club is a permitted use because the apartments are zoned for business and commercial use.
Attorney Christopher Goodwin, who filed the lawsuit on behalf of the association, said there is no evidence that Nu-u received the blessings of neighboring residents.
"A private homeowners association is not required to get decibel readings in order to prosecute a nuisance complaint," Goodwin said. "And I don't think the zoning ordinance allows a business to operate a nuisance which disturbs local residents in the community."
Proceeds from activities go to the Long Life Foundation, a nonprofit organization founded by Lee. The foundation's mission is to "promote longevity factors and help the homeless and people in transition," according to the Web site.
The Liquor Commission on June 24 rejected a request by Long Life Foundation for a special license for events June 25 and 26. Despite the denial, Goodwin said, the events were still held.
Reach Curtis Lum at 525-8025 or culum@honoluluadvertiser.com.
