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HELELA v. STATE

No. 4466.

418 P.2d 482 (1966)

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, Honolulu, for plaintiffs-appellants.

Clinton R. Ashford, Sp. Deputy Atty. Gen. (Bert T. Kobayashi, Atty. Gen., on the brief), for defendants-appellees.

Before 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.

WIRTZ, Justice.

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 history of this litigation are set forth in State v. Hawaiian...

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