IN RE TAXES, JOHNSON ET AL.

No. 4109.

44 Haw. 519 (1960)

356 P.2d 1028

IN RE TAXES, HARRIET JOHNSON, RUTH BROMANN, FLORENCE S. KURODA, HARRIET R. RAY, WILLIAM S. AND SHEILA J. ODOM, PETER AND MAXINE PETRIS, SARAH MACFARLANE, GENEVIEVE PAIKULI GRAY, GLADYS U. MATTSON, JEAN KEITHLY, LUCILLE J. DE MARS, MARY M. COATES, ROY L. AND JACQUELINE BENHAM, HELEN HOPE BROWN, MARY LOUISE JARDINE, ZELMA N. MEYERS, HELEN S. JUDY, ANDREW J. AND MARYANN B. WALTON, M.D. MASON, AGNES B. VANCE, BERNADETTE V. MANNING, STELLA M. JONES, AND HENRY J. AND MARGARET D. SCHURMAN.

Supreme Court of Hawaii.

September 12, 1960.


Attorney(s) appearing for the Case

Shiro Kashiwa, Attorney General, and Nobuki Kamida, Deputy Attorney General, for appellant.

Frank D. Padgett (Robertson, Castle & Anthony of counsel), for appellees.

TSUKIYAMA, C.J., MARUMOTO, CASSIDY, WIRTZ, JJ., AND CIRCUIT JUDGE JAMIESON IN PLACE OF LEWIS, J., DISQUALIFIED.


OPINION OF THE COURT BY CASSIDY, J.

The question for determination on this appeal by the deputy tax commissioner from a decision of the tax appeal court is whether an apartment in a cooperative apartment building can qualify for the statutory home exemption allowed on real property taxes. The facts of the case were stipulated on the hearing before the tax court and are related hereunder.

The land involved, situated...

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