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CITY AND COUNTY OF HONOLULU v. BISHOP TRUST CO.

No. 4458.

421 P.2d 300 (1966)

CITY AND COUNTY OF HONOLULU, a municipal corporation v. BISHOP TRUST COMPANY, Ltd., et al.

Supreme Court of Hawaii.

December 12, 1966.

Attorney(s) appearing for the Case

E. D. Crumpacker, Honolulu (Crumpacker & Sterry, Honolulu, of counsel), for intervenor-appellants.

Stanley Ling, Corp. Counsel, City and County of Honolulu, Honolulu (Richard Y. C. Au, Deputy Corp. Counsel, City and County of Honolulu, Honolulu, on the brief), for plaintiff-appellee.

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

RICHARDSON, Chief Justice.

This is an appeal by John Patrick Betro and Violet G. Gilligan, intervenors in eminent domain proceedings. The trial court granted plaintiff's (City and County of Honolulu, hereinafter referred to as the "City") motion for summary judgment and allowed this interlocutory appeal.

The facts are not in dispute. The City brought the condemnation action on December 31, 1957. It sought to condemn the land in question for a public park and...

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