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CITY AND COUNTY OF HONOLULU v. BENNETT

No. 5245.

502 P.2d 378 (1972)

CITY AND COUNTY OF HONOLULU, a municipal corporation, Plaintiff, v. Nora Swanzy BENNETT et al., Defendants, and Francis Swanzy Morgan, Defendant-Appellee, and Abraham K. McAulton, Intervenor-Appellant.

Supreme Court of Hawaii.

October 31, 1972.

Attorney(s) appearing for the Case

Franklin K. Mukai, Honolulu (Wooddell, Mukai, Wirtz, Ichiki & Whitfield, Honolulu, of counsel), for intervenor-appellant.

Robert B. Bunn, Honolulu (Cades, Schutte, Fleming & Wright, Honolulu, of counsel), for defendant-appellee.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

KOBAYASHI, Justice.

This is an eminent domain proceeding in which appellant sought to become an intervenor as a matter of right based upon his claim of an interest in the land sought to be condemned. The trial court, however, ruled against him.

We are of the opinion that the trial court, in the light of the posture of the case, prematurely resolved the merits of appellant's claim.

In a "motion to intervene" premised on a claim of ownership as in the...

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