WILSON v. STAINBACK

No. 2820.

39 Haw. 67 (1951)

JOHN H. WILSON, ON BEHALF OF HIMSELF AND ALL OTHER TAXPAYERS OF THE CITY AND COUNTY OF HONOLULU, AND OF THE TERRITORY OF HAWAII, AND JOHN H. WILSON, AS MAYOR OF THE CITY AND COUNTY OF HONOLULU, A MUNICIPAL CORPORATION OF THE TERRITORY OF HAWAII v. INGRAM M. STAINBACK, GOVERNOR OF THE TERRITORY OF HAWAII, ROBERT M. BELT, SUPERINTENDENT OF PUBLIC WORKS AND TERRITORIAL HIGHWAY ENGINEER, TERRITORY OF HAWAII, AND WALTER D. ACKERMAN, JR., ATTORNEY GENERAL OF THE TERRITORY OF HAWAII.

Supreme Court of Hawaii.

Decided April 6, 1951.


Attorney(s) appearing for the Case

R.K. Sharpless, Deputy Attorney General (W.D. Ackerman, Jr., Attorney General, M. Sapienza and R.K. Sharpless, Deputy Attorneys General, on the briefs), for appellant.

A.K. Trask (J.E. Ahrens with him on the brief) for appellee.

LE BARON AND TOWSE, JJ., AND CIRCUIT JUDGE CORBETT IN PLACE OF KEMP, C.J., RETIRED.


OPINION OF THE COURT BY LE BARON, J.

The petitioner brought a bill for injunction in equity to prevent the Territory of Hawaii from entering upon certain private lands belonging to strangers to him and from constructing thereon a public highway. The bill was brought after the Territory by its attorney general filed an action of eminent domain to condemn those lands for the purpose of constructing that highway and that action...

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