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STATE v. ZIMRING

No. 4859.

479 P.2d 202 (1970)

STATE of Hawaii, by its Attorney General, Bert T. Kobayashi, Plaintiff-Appellant, v. Maurice ZIMRING et al., Defendants, and Maurice Zimring and Molly D. Zimring, Appellees. Maurice ZIMRING and Molly D. Zimring, Third-Party Plaintiffs, v. ISLAND TITLE AND ESCROW CO., Inc., an Hawaiian Corporation, Third-Party Defendant.

Supreme Court of Hawaii.

Rehearing Denied January 20, 1971.

Attorney(s) appearing for the Case

Andrew S.O. Lee, Deputy Atty. Gen. of Hawaii (Bertram T. Kanbara, Atty. Gen., with him on the briefs), for plaintiff-appellant.

Helen B. Ryan, Honolulu (Ryan & Ryan, Honolulu, of counsel), for defendants-appellees.

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

MARUMOTO, Justice.

The Puna volcanic eruption of 1955 created approximately 7.9 acres of land adjacent to the southerly boundaries of Land Patent Grant No. 4139 to C.L. Wight and Land Patent Grant No. 4140 to H.E. Wilder. Before the eruption, the southerly boundaries of the grants were along the sea. The eruption destroyed the preexisting seashore boundaries, and formed a new seashore boundary at the southerly end of the new land.

Five years after the eruption...

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