IN RE HONOLULU RAPID TRANSIT COMPANY, LTD.

No. 5227.

507 P.2d 755 (1973)

In the Matter of HONOLULU RAPID TRANSIT COMPANY, LTD., Investigation of its Conveyances of Air Rights over its Properties and Order to Show Cause Why No Prior Approval was Obtained from the Public Utilities Commission of said Conveyances.

Supreme Court of Hawaii.

March 14, 1973.


Attorney(s) appearing for the Case

Howard K. Hoddick, Honolulu (Anthony, Hoddick, Reinwald & O'Connor, Honolulu, of counsel), for appellant.

Harry S.Y. Kim, Deputy Atty. Gen., State of Hawaii (George Pai, Atty. Gen., Honolulu, with him on the brief), for appellee.

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


MARUMOTO, Justice.

Honolulu Rapid Transit Company, Ltd., hereafter referred to as HRT, is a public utility. As such, it is subject to the provisions of HRS c. 269, regulating public utilities, among which is HRS § 269-19, which reads as follows:

"No public utility corporation shall sell, lease, assign, mortgage, or otherwise dispose of or encumber the whole or any part of its road, line, plant, system, or other property necessary...

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