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CITY & COUNTY v. COLLINS ET ALS.

No. 3013.

42 Haw. 199 (1957)

CITY AND COUNTY OF HONOLULU, A MUNICIPAL CORPORATION v. GEORGE MILES COLLINS, JOHN KIRKWOOD CLARKE, FRANK ELBERT MIDKIFF, AND EDWIN PUAHAULANI MURRAY, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF BERNICE PAUAHI BISHOP, DECEASED, ET AL.

Supreme Court of Hawaii.

Decided November 21, 1957.

Attorney(s) appearing for the Case

Norman K. Chung, City and County Attorney of Honolulu (Sidney I. Hashimoto, K. Tim Yee, Deputies City and County Attorneys with him on the opening brief; Bertram T. Kanbara, Legal Assistant to the City and County Attorney, also with him on the opening and reply briefs), for City and County of Honolulu, appellant.

J. Garner Anthony (Robertson, Castle & Anthony on the brief) for Trustees Estate of Bernice P. Bishop, Deceased, appellees.

C. Nils Tavares (Pratt, Tavares & Cassidy on the brief) for appellees Genevra Coombs and the Executors of the will of Walter R. Coombs, deceased.

John P. Russell (Anderson, Wrenn & Jenks) for Lessees of Bishop Estate; was present, but filed no brief and did not argue.

RICE, C.J., STAINBACK AND MARUMOTO, JJ.

OPINION OF THE COURT BY RICE, C.J.

The City and County of Honolulu, a municipal corporation, as plaintiff, instituted a proceeding in eminent domain to condemn and so acquire property in the Haiku valley on the windward side of the island of Oahu, for the purpose of construction, development, extension and improvement of the Kaneohe-Kailua water system.

The petition was filed on July 19, 1940. After preliminary matters were disposed of in the intervening period...

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