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CITY AND COUNTY OF HONOLULU v. CAVNESS

No. 4216.

364 P.2d 646 (1961)

CITY AND COUNTY OF HONOLULU, a Municipal Corporation, by Ralph S. INOUYE, Its Building Superintendent, Plaintiff-Appellee, v. Orestus CAVNESS, Defendant-Appellant.

Supreme Court of Hawaii.

August 15, 1961.

Attorney(s) appearing for the Case

James A. King, Honolulu (Bouslog & Symonds, Honolulu, on the briefs), for defendant-appellant.

David H. C. Lee, Deputy Corp. Counsel, Honolulu (Norman K. Chung, Corp. Counsel, and Henry H. Shigekane, Deputy Corp. Counsel, Honolulu, on the briefs) for plaintiff-appellee.

Before TSUKIYAMA, C. J., and CASSIDY, WIRTZ, LEWIS, and MIZUHA, JJ.

LEWIS, Justice.

This is an appeal by a defendant who, by decree of the trial court in an action brought by the City and County of Honolulu, hereinafter called the "City," has been required to demolish and remove his building, situate at the corner of Smith and North Pauahi Streets, Honolulu.

Specification of error No. 3 asserts that: "The trial court erred in finding that the building of appellant was a public nuisance and that it could only be abated by demolition...

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