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HELELA v. STATE OF HAWAII

No. 4466.

49 Haw. 365 (1966)

418 P.2d 482

PAUL HELELA, DANIEL G. CLEMENT AND MASAO KAINUMA, AS OWNERS AND ON BEHALF OF THEMSELVES AS CITIZENS, RESIDENTS AND TAXPAYERS AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. STATE OF HAWAII, JOHN A. BURNS, ITS GOVERNOR, BERT T. KOBAYASHI, ATTORNEY GENERAL, AND FUJIO MATSUDA, DIRECTOR OF TRANSPORTATION.

Supreme Court of Hawaii.

September 6, 1966.

Attorney(s) appearing for the Case

Arthur K. Trask for plaintiffs-appellants.

Clinton R. Ashford, Special Deputy Attorney General (Bert T. Kobayashi, Attorney General, with him on the brief) for defendants-appellees.

RICHARDSON, C.J., CASSIDY AND WIRTZ, JJ., AND CIRCUIT JUDGE DOI IN PLACE OF LEWIS, J., DISQUALIFIED, AND CIRCUIT JUDGE LEVINSON IN PLACE OF MIZUHA, J., DISQUALIFIED.

OPINION OF THE COURT BY WIRTZ, J.

This is another in the series of appeals to this court from rulings of the circuit court concerning public and private ownership and rights in the Mokauea Sea Fishery in Keehi Lagoon arising out of eminent domain proceedings1 instituted in 1941 by the then Territory of Hawaii in aid of the Keehi Lagoon transpacific seaplane harbor. The highlights of the 24-year...

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