STATE v. HEIRS OF HALEMANO KAPAHI

No. 4332.

48 Haw. 101 (1964)

395 P.2d 932

STATE OF HAWAII, BY BERT T. KOBAYASHI, ITS ATTORNEY GENERAL v. HEIRS OF HALEMANO KAPAHI AND LUKA HALEMANO, INCLUDING AGNES LUKA AKAU, BEULAH ARAKAKI, JULIANA FEARY, MARY INOUYE, ANNA KAU, FRANCIS MAKIA KAU, JOSEPH KAU, WILLIAM KAU, JR., GABRIEL KUKONU, HENRY KUKONU, MITCHELL KUKONU, HERMAN LIU, MARY NOMURA, KATHERINE (KATRINA) P. UMI, BARBARA WOOLSEY, GERTRUDE YAMADA, ROMAN CATHOLIC CHURCH IN THE TERRITORY OF HAWAII, AN ECCLESIASTICAL CORPORATION; JOHN EDWARD RUSSELL, HERMAN VALDEMAR VON HOLT, DAVID HEBDEN PORTEUS, DUDLEY CUSHMAN LEWIS, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF SAMUEL MILLS DAMON, DECEASED; JOHN DOE 1 TO 100; MARY ROE 1 TO 100; AND DOE CORPORATION, LIMITED, 1 TO 100.

Supreme Court of Hawaii.

October 1, 1964.


Attorney(s) appearing for the Case

Robert K. Richardson, Special Deputy Attorney General, for plaintiff-appellant.

J. Garner Anthony (Robertson, Castle & Anthony) for Trustees Estate of Samuel M. Damon, defendants-appellees.

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


OPINION OF THE COURT BY WIRTZ, J.

This appeal is from the judgment of the Circuit Court sitting with a jury in an eminent domain proceeding. Plaintiff-appellant brought the action on March 20, 1959, to condemn lands of the defendants-appellees, trustees of the estate of Samuel M. Damon, for realigning and widening Moanalua Road and constructing a limited access facility. Defendants in their answer admitted all of the allegations...

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