CITY & CO. OF HON. v. BARROS

NO. 2931.

40 Haw. 615 (1954)

CITY and County of Honolulu, a Municipal Corporation v. Venus Silva Barros, Widow of Manuel Silva Barros, and Masashi Kanda.

Supreme Court of Hawaii.

Decided November 29, 1954.


Attorney(s) appearing for the Case

A.K. Trask (also on the briefs) for defendants-plaintiffs in error.

N. Felzer, Deputy City and County Attorney (J.M. Morita, City and County Attorney, with him on the brief), for plaintiff-defendant in error.

TOWSE, C.J., STAINBACK, J., AND CIRCUIT JUDGE FELIX IN PLACE OF LE BARON, J., ABSENT.


OPINION OF THE COURT BY STAINBACK, J.

The City and County of Honolulu filed a petition in eminent domain for the acquisition of certain lands for a highway at Hauula to connect Kamehameha highway and Hauula homestead road. The defendant was the owner of the parcels sought to be acquired, such parcels being portions of a larger tract.

Trial was held jury waived and the court in its decision found the construction of...

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