TERRITORY v. DAMON

No. 4100.

356 P.2d 386 (1960)

TERRITORY of Hawaii, by Herbert Y. C. CHOY, Its Attorney General, v. Samuel Renny DAMON, Herman Valdemar Von Holt, David Hebden Porteus, and John Edward Russell, Trustees Under the Will and of the Estate of Samuel M. Damon, Deceased, et al.

Supreme Court of Hawaii.

September 13, 1960.


Attorney(s) appearing for the Case

Harriet Bouslog (Bouslog & Symonds) Honolulu, for defendants-appellants.

Andrew S. O. Lee and Walter T. Shimoda, Deputy Attys. Gen. (Jack H. Mizuha, Atty. Gen., John P. Russell, Special Deputy Atty. Gen., and Andrew S. O. Lee, Hawaii, on the brief), for plaintiff-appellee.

Before TSUKIYAMA, C. J., CASSIDY and WIRTZ, JJ., and FRANK A. McKINLEY, Circuit Judge, in place of LEWIS, J., disqualified.


MARUMOTO, Justice.

In connection with the expansion of Honolulu International Airport, the Territory of Hawaii sought to acquire parcels of land in Damon Tract adjacent to the airport originally by condemnation.

Appellants were occupants of certain of the parcels proposed to be condemned under quarterly tenancies which were terminable upon written notice of refusal to extend given by the fee simple owners at least thirty days before the expiration of any of...

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