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AKAU ET AL., TRUSTEES v. CITY & COUNTY

No. 2693.

38 Haw. 140 (1948)

JOHN KANEWAALAU AKAU, JR., TADAO ITO AND ROBERT NAKAMURA, TRUSTEES UNDER AGREEMENT AND DECLARATION OF TRUST, DATED MAY 29, 1946, KNOWN AS THE VETERANS VILLAGE, v. THE CITY AND COUNTY OF HONOLULU.

Supreme Court of Hawai`i..

Argued May 11, 1948.

Decided May 28, 1948.

Attorney(s) appearing for the Case

M. Marumoto (Murakami & Marumoto with him on the briefs) for the trustees.

F.A. McKinley, Deputy City and County Attorney (W.D. Godbold, City and County Attorney, with him on the brief) for the City and County of Honolulu.

KEMP, C.J., PETERS AND LE BARON, JJ.

OPINION OF THE COURT BY PETERS, J.

This submission poses the alternative questions whether upon a petition filed pursuant to the provisions of Revised Laws of Hawaii 1945, section 6709, by the owners of 100 per cent of the area of land designated by them as a proposed improvement district, requesting, among other improvements, the installation of a sanitary sewerage system, the land specially benefited thereby should be assessed under the provisions of Revised Laws...

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