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STATE v. CONEY

No. 4197.

45 Haw. 650 (1962)

372 P.2d 348

STATE OF HAWAII, BY SHIRO KASHIWA, ITS ATTORNEY GENERAL (FORMERLY TERRITORY OF HAWAII, BY EDWARD N. SYLVA, ITS ATTORNEY GENERAL) v. GEORGE M. CONEY; GERTRUDE FLORENCE CONEY; MARTHA M. CONEY; WILLIAM A. CONEY; CLARISSA P.C. GERDES; SCHUMAN CARRIAGE COMPANY, LIMITED.

Supreme Court of Hawaii.

June 7, 1962.

Attorney(s) appearing for the Case

D.N. Ingman for defendants-appellants.

Robert K. Richardson, Deputy Attorney General (Shiro Kashiwa, Attorney General, with him on the brief), for plaintiff-appellee.

TSUKIYAMA, C.J., WIRTZ, J., CIRCUIT JUDGE TASHIRO IN PLACE OF CASSIDY, J., DISQUALIFIED, CIRCUIT JUDGE MONDEN IN PLACE OF LEWIS, J., DISQUALIFIED, AND CIRCUIT JUDGE KING IN PLACE OF MIZUHA, J., DISQUALIFIED.

OPINION OF THE COURT BY CIRCUIT JUDGE TASHIRO.

This is an action in eminent domain filed by plaintiff-appellee, hereinafter called the State, on October 9, 1956. The original action involved the condemnation of three parcels for the Civic Center at Honolulu, two of which were owned by Schuman Carriage Company, Limited. However, by stipulation dated September 3, 1959, the State and Schuman Carriage agreed as to the amount of...

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