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TERRITORY OF HAWAII v. ARNESON

No. 4140.

354 P.2d 981 (1960)

TERRITORY OF HAWAII, by Richard K. SHARPLESS, its acting attorney general, v. Eleanor K. ARNESON et al., and Peter Yun Tsin Chang.

Supreme Court of Hawaii.

July 28, 1960.

Attorney(s) appearing for the Case

Charles B. Dwight, III, Honolulu (Heen, Kai & Dodge, Honolulu, on the brief), for defendant-appellant.

Daniel D. S. Moon, Deputy Atty. Gen. (Shiro Kashiwa, Atty. Gen., on the brief), for plaintiff-appellee, State.

J. Garner Anthony, Honolulu (Robertson, Castle & Anthony, Honolulu, on the brief), for trustees Bernice P. Bishop Estate, defendants-appellees.

Before TSUKIYAMA, C. J., MARUMOTO, CASSIDY and WIRTZ, JJ., and ALLEN R. HAWKINS, Circuit Judge, in place of LEWIS, J., disqualified.

WIRTZ, Justice.

This is an eminent domain action filed on March 13, 1956. Plaintiff-appellee sought to condemn parcels of land together with the vehicle access rights to Kalihi Street for the construction of a controlled access highway in Honolulu, known as Likelike Highway. The nature of the taking was a partial one with no buildings or improvements involved.

Appellant's answer alleges: (1) loss of access rights to Kalihi Street, (2) loss of unit rental because...

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