Rosemary T. Fazio

Ms. Fazio focuses her practice on real property and complex commercial litigation and arbitration matters. She has served as lead counsel in more than 30 such cases. Her experience includes:

• Representing landowners' interests in multi-million dollar real property valuation matters, including condemnation, rent renegotiation, lease-to-fee conversion, partition, and real estate tax appeals for resort, commercial, industrial and residential properties;
• Representing the dissenting minority shareholder of one of Hawaii's largest corporations;
• Representing Hawaii's largest landowner in a case of first impression involving recovery of delay damages in condemnation actions.

Ms. Fazio has extensive management experience. She has served on the firm's management committee, and leads the firm's attorney recruiting committee.

Professional Activities:
Ms. Fazio has lectured regarding real estate matters, alternative dispute resolution and legal ethics at various professional seminars. She chaired the State Judicial Selection Commission, on which she served from 2003-2009. She presently serves on the Hawai'i Federal Judicial Selection Commission, for which she serves as Secretary. She previously served as treasurer and director of the Hawai`i State Bar Association, and the Young Lawyers Division of the Hawai`i State Bar Association. She currently serves on the Board of the HSBA's Senior Counsel Division. She was appointed by the Hawai`i Supreme Court to serve on the Attorney Disciplinary Board. During her 9 year tenure on that Board she served as Vice-Chair and Chair of the Opinions Committee. Prior to becoming a member of the Disciplinary Board, she presided as a hearings officer in attorney disciplinary matters for 10 years. She serves as a hearings officer on medical claim and design claim conciliation panels. She also is a member of the Special Committee on Judicial Careers and Selectivity of the Hawaii Chapter of the American Judicature Society. Ms. Fazio is a director both of the Alumni Association of the University of Hawai`i School of Law and the Friends of the Law School. The U.S. District Court (Hawai`i) appointed her in 2000 to serve as a member of the Court's Judicial Retention Panel (2000) and as a member of the Judicial Conference (2008--).

Professional Recognition:
Ms. Fazio has received numerous professional honors, most notably appointed (2000 - 2003) as the Lawyer Representative of the U.S. Court of Appeals for the Ninth Circuit Judicial Conference and induction into the Hawai`i Chapter of Lambda Alpha International (honorary land economics society), for which she served as President. Ms. Fazio is listed in Hawaii Super Lawyers, and has also been named as one of the best real estate and eminent domain/condemnation lawyers in Hawai`i in The Best Lawyers in America, 1995 to present editions, and as one of the leading Hawai'i real property lawyers in America's Leading Lawyers for Business (Chambers USA). Ms. Fazio has received the Martindale-Hubbell "AV" rating. Additionally, she received the "Kukulu Hale" Award from the National Association of Industrial and Office Parks for the Hawai`i Lease Transaction of the Year 2000.

Community Activities:
Ms. Fazio is currently a member of the Board of Directors of Hawai`i Public Radio, for which she previously served as Chairperson for 3 years. She is also a member of the Board of Directors of the Waikiki Improvement Association. Additionally, she has served as a director for the National Association of Industrial and Office Properties, Child & Family Services, the YWCA (East Oahu), The Outdoor Circle, and Health & Community Services Council. She is a former member of the Rotary Club of Honolulu Sunrise (1990 -1997).

Reported Cases:

• Krystoff v. Kalama Land Co., Ltd., 88 Haw. 209, 965 P.2d 142 (App.Ct. 1998)
• Excelsior Lodge No. One, Independent Order of Odd Fellows v. Eyecor, Ltd., 74 Haw. 210, 847 P.2d 652 (1992)
• Gerner v. Trustees Under Will and of Estate of Campbell, 72 Haw. 4, 803 P.2d 199 (1990)
• Hawaii Housing Authority v. Midkiff, 69 Haw. 247, 739 P.2d 248 (1987)
• Hawaii Housing Authority v. Lyman, 68 Haw. 55, 704 P.2d 888 (1985)
• Maui Land and Pineapple Co., Inc. v. Dillingham Corp., 67 Haw. 4, 674 P.2d 390 (1984)
• Hawaii Housing Authority v. Midkiff, 467 U.S. 229, 104 S.Ct. 2321, 81 L.Ed.2d 186, (1984)
• Burgert v. Lokelani Bernice Pauahi Bishop Trust, 200 F.3d 661 (9th Cir. 2000)
• Walsh v. Centeio, 692 F.2d 1239 (9th Cir. 1982)
• Midkiff v. Tom, 471 F.Supp. 871 (D.Haw. 1979)

Education:

• J.D., University of Hawai`i, 1978
• M.S.W., University of Hawai`i, 1975
• M.A. (Philosophy), University of Toronto, 1973
• B.A. (Philosophy), magna cum laude, Phi Beta Kappa, Fordham University, 1971