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CITY & COUNTY OF HONOLULU v. SEE

NO. 2930.

40 Haw. 429 (1953)

CITY and COUNTY of Honolulu v. Tam See.

Supreme Court of Hawaii.

Decided October 12, 1953.

Attorney(s) appearing for the Case

A.K. Trask (also on the briefs) for plaintiff in error.

C.Y. Taniguchi, Deputy City and County Attorney (J.M. Morita, City and County Attorney, with him on the brief), for defendant in error.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.

OPINION OF THE COURT BY STAINBACK, J.

(Le Baron, J., dissenting.)

A proceeding was instituted by the plaintiff-defendant in error on August 10, 1943, to condemn parcel 10, among other lands, in Manoa valley in Honolulu for park and playground purposes. There was no immediate taking of possession but on the 15th day of July, 1947, pursuant to a motion duly filed, an order issued putting plaintiff in possession.

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