DALTON v. CITY AND COUNTY OF HONOLULU

No. 4852.

462 P.2d 199 (1969)

Charles E. DALTON, Eva Ann Dalton, Henry E. Drayton, Jr., Joanne S. Drayton, William M. Swope and Mary Louise Swope, Plaintiffs-Appellants, Cross-Appellees, v. CITY AND COUNTY OF HONOLULU, a municipal corporation, et al., Defendants-Appellees, Cross-Appellants.

Supreme Court of Hawaii.

As Amended on Denial of Rehearings December 31, 1969.


Attorney(s) appearing for the Case

William M. Swope, Honolulu, for plaintiffs-appellants, cross-appellees.

Michael Doran, Deputy Corp. Counsel (Paul Devens, Corp. Counsel, and Richard Hirai, Deputy Corp. Counsel, with him on the brief), for defendant-appellee, City and County of Honolulu.

Felix Maciszewski, Honolulu (James W. Boyle, Honolulu, with him on the briefs; Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel), for defendants-appellees, cross-appellants Kaelepulu Co., Inc., and others.

Gary L. Wixom, Honolulu (Allen M. Stack, Honolulu, with him on the brief; Pratt, Moore, Bortz & Case, Honolulu, of counsel), for defendant-appellee Lewers & Cooke, Inc.

Before RICHARDSON, C.J., ABE, LEVINSON and KOBAYASHI, JJ., and HAWKINS, Circuit Judge, in place of MARUMOTO, J., disqualified.


KOBAYASHI, Justice.

Plaintiffs filed suit on March 6, 1968. The amended complaint seeks (1) a declaratory judgment that Honolulu Ordinances 2840, 2841, 2913 and 3131 are null and void, and (2) an injunction restraining enactment of further ordinances relating to the land in question.

Jurisdiction in the circuit court was apparently based upon HRS § 632-1 and H.R.C.P. Rule 57.

Ordinances 2840 and 2841 were approved August 25, 1966. Ordinance 2840...

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