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KAHUA RANCH, LTD. v. COM'R PUB. LANDS

No. 4004.

43 Haw. 233 (1959)

KAHUA RANCH, LIMITED v. FRANK W. HUSTACE, JR., COMMISSIONER OF PUBLIC LANDS, TERRITORY OF HAWAII.

Supreme Court of Hawaii.

Decided April 28, 1959.

Attorney(s) appearing for the Case

Frank D. Padgett (Robertson, Castle & Anthony) for plaintiff.

Morio Omori, Special Deputy Attorney General, for Commissioner of Public Lands.

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

OPINION OF THE COURT BY MARUMOTO, J.

Kahua Ranch, Limited, and the Commissioner of Public Lands of the Territory of Hawaii allege that there is a question in difference between them concerning the right of the former to use "the government waters arising on the land of Kawaihae 1st" and submit the alleged question for decision on agreed statement of facts.

The land of Kawaihae 1st is in South Kohala on the island of...

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