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TERRITORY v. TRUSTEES MENDONCA EST.

No. 4156.

46 Haw. 83 (1962)

375 P.2d 6

TERRITORY OF HAWAII, BY EDWARD N. SYLVA, ITS ATTORNEY GENERAL v. MARY A. MENDONCA, FRANCIS K. SYLVA, EDWARD N. SYLVA, TRUSTEES UNDER THAT CERTAIN DEED OF TRUST DATED JANUARY 2, 1929, AND RECORDED IN THE BUREAU OF CONVEYANCES AT HONOLULU, IN LIBER 995, PAGE 101.

Supreme Court of Hawaii.

September 20, 1962.

Attorney(s) appearing for the Case

Walter D. Ackerman, Jr. for Defendants-Appellants.

Shiro Kashiwa, Attorney General, and Daniel D.S. Moon, Deputy Attorney General, (Lawrence H. Kam with them on the brief) for Plaintiff-Appellee.

TSUKIYAMA, C.J., WIRTZ, J., CIRCUIT JUDGE HAWKINS, IN PLACE OF CASSIDY, J., DISQUALIFIED, CIRCUIT JUDGE HEWITT, IN PLACE OF LEWIS, J., DISQUALIFIED, AND CIRCUIT JUDGE JAMIESON, IN PLACE OF MIZUHA, J., DISQUALIFIED.

OPINION OF THE COURT BY WIRTZ, J.

This is an appeal from the judgment entered in the Circuit Court of the First Circuit in an eminent domain proceeding brought by the plaintiff-appellee, herein referred to as the Territory, to acquire a parcel of land owned by appellants, herein referred to as the Mendonca Estate, for the construction of "the Kalihi Valley Road, Federal Aid Secondary Project No. S-0630(1)," known as Likelike Highway. Under its petition, filed on September...

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