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STATE v. HEIRS OF HALEMANO KAPAHI

No. 4633.

50 Haw. 237 (1968)

437 P.2d 321

STATE OF HAWAII, BY ITS ATTORNEY GENERAL, v. HEIRS OF HALEMANO KAPAHI, ET AL.

Supreme Court of Hawaii.

February 15, 1968.

Attorney(s) appearing for the Case

Johnson H. Wong, Deputy Attorney General, (Bert T. Kobayashi, Attorney General, with him on the briefs) for plaintiff-appellant.

J. Garner Anthony (Robertson, Castle & Anthony of counsel) for defendants-appellees.

MARUMOTO, ABE, LEVINSON, JJ., CIRCUIT JUDGE KING IN PLACE OF RICHARDSON, C.J., DISQUALIFIED, AND CIRCUIT JUDGE FAIRBANKS IN PLACE OF MIZUHA, J., DISQUALIFIED.

OPINION OF THE COURT BY ABE, J.

This is an appeal from an order of the Circuit Court of the First Judicial Circuit requiring the State of Hawaii to pay additional interest on a condemnation award.

The record indicates that the State initiated eminent domain proceedings to condemn parcels of land belonging to appellees (Trustees of the Estate of Samuel M. Damon) in March, 1959. The State took possession of the property on April 8, 1959, pending adjudication...

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